State Ex Rel. Fohl v. Karel

After the original hearing in this case, an opinion was prepared by Mr. Justice CHAPMAN in which it was held that under the admitted statement of facts in this case the affidavit and warrant under which petitioner was held in custody failed to allege any violation of Chapter 14,764, Acts of 1931, and that the petitioner should therefore be discharged from the custody of the respondent sheriff. In that opinion Mr. Chief Justice ELLIS and Mr. Justice TERRELL concurred, while Mr. Presiding Justice WHITFIELD, Mr. Justice BUFORD and the writer dissented. The result was that an order was made…