Ex Parte Sutton

Petitioner has filed in this court an application for writ of habeas corpus. A rule to show cause was issued and response to the petition was filed by the chief of police of Oklahoma City, and the application was heard upon its merits, and submitted, and briefs were to be filed. Respondent has filed brief but none has been filed by petitioner.

The record reveals that petitioner was arrested and charged in the police court of Oklahoma City, Okla., with the crime of being drunk in a public place. The complaint filed against petitioner was as follows:

“* * * that on the 26th day of March, 1939, in…