In Re Haye

Court of Criminal Appeals of Oklahoma

In Re Haye

1916 OK CR 32, 155 P. 1118, 12 Okla. Crim. 323, 1916 Okla. Crim. App. LEXIS 40

CourtCourt of Criminal Appeals of Oklahoma

DecidedApril 15, 1916

DocketNo. A-2508.

StatusPublished

This text of 1916 OK CR 32 (In Re Haye) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In Re Haye, 1916 OK CR 32, 155 P. 1118, 12 Okla. Crim. 323, 1916 Okla. Crim. App. LEXIS 40 (Okla. Ct. App. 1916).

Pincite

Opinion

PER CURIAM.

This was a petition for a writ of habeas corpus to the warden of the state penitentiary at McAlester, wherein Sam Hayes alleges that he is unlawfully restrained and imprisoned in the penitentiary at McAlester upon a purported penitentiary mittimus issued out of the District Court in and for Haskell county upon a judgment and sentence rendered by said court upon the verdict of a jury finding the petitioner guilty of the crime of larceny of live stock; that T. M. Crews, the justice of the peace before whom his preliminary examination was had was ineligible to the office of justice of the peace, and the preliminary examination of this petitioner was a nullity and was without authority of law aná void, and this petitioner at no time waived his right to have an examining trial.

*324 The attorney general interposed a demurrer to the petition .for the writ. On the case as presented by the record it is the judgment of this court that the demurrer is well taken. The writ of habeas corpus is therefore refused.

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PER CURIAM.

This was a petition for a writ of habeas corpus to the warden of the state penitentiary at McAlester, wherein Sam Hayes alleges that he is unlawfully restrained and imprisoned in the penitentiary at McAlester upon a purported penitentiary mittimus issued out of the District Court in and for Haskell county upon a judgment and sentence rendered by said court upon the verdict of a jury finding the petitioner guilty of the crime of larceny of live stock; that T. M. Crews, the justice of the peace before whom his preliminary examination was had was ineligible to the office of justice of the peace, and the preliminary examination of this petitioner was a nullity and was without authority of law aná void, and this petitioner at no time waived his right to have an examining trial.

*324 The attorney general interposed a demurrer to the petition .for the writ. On the case as presented by the record it is the judgment of this court that the demurrer is well taken. The writ of habeas corpus is therefore refused.

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Bluebook (online)

1916 OK CR 32, 155 P. 1118, 12 Okla. Crim. 323, 1916 Okla. Crim. App. LEXIS 40, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-haye-oklacrimapp-1916.