In Re Warner

Court of Criminal Appeals of Oklahoma

In Re Warner

1913 OK CR 172, 129 P. 708, 9 Okla. Crim. 712, 1913 Okla. Crim. App. LEXIS 71

CourtCourt of Criminal Appeals of Oklahoma

DecidedMarch 6, 1913

DocketNo. A-1917.

StatusPublished

This text of 1913 OK CR 172 (In Re Warner) 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 Warner, 1913 OK CR 172, 129 P. 708, 9 Okla. Crim. 712, 1913 Okla. Crim. App. LEXIS 71 (Okla. Ct. App. 1913).

Pincite

Opinion

PER CURIAM.

This is an application for writ of habeas, corpus, wherein Charles Warner alleges that he is restrained of his liberty and is unlawfully imprisoned in the county jail of Okmulgee county by the sheriff of said county.

It appears from the petition that he was committed on a judgment of conviction of violation of the prohibition law, and sentenced to be confined for ninety days and to pay a fine of five hundred dollars.

It is alleged that the county court exceeded its jurisdiction in adjudging further confinement in default of the payment of the fine, for the reason that under the statutes of Oklahoma there is no provision, or provisions by which a judgment which calls for both fine and imprisonment can be so executed.

The questions presented have been determined by this court in the case of Ex parte Bowes, 8 Okla. Cr. 201, 127 Pac. 20.

Por the reasons given in the opinion in that case the writ of habeas corpus is denied.

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