Legal Opinion

Ex Parte Burns

Court of Criminal Appeals of Oklahoma

Decided October 21, 1938No. A-9580Published

1Per curiam

This is an original petition for a writ of habeas corpus wherein the petitioner, Thomas Hershal Burns, alleges he is unlawfully imprisoned and restrained of his liberty by Elza Evans, sheriff of Pottawatomie county, Oklahoma, and the jailer of said Pottawatomie county.

That the cause of said restraint according to the best knowledge and belief of your petitioner is: That he was taken before Judge Leroy Cooper, and informed that he had convicted himself and that he was guilty of public drunkenness; that said judge thereupon sentenced him to 20 days in the county jail and to pay a fine of $25,…

2Cases cited7 opinions

  1. Whitten v. TomlinsonSupreme Court of the United States · 1895
  2. Kentucky v. PowersSupreme Court of the United States · 1906
  3. Ex Parte OwensCourt of Criminal Appeals of Oklahoma · 1927
  4. In Re Application of O'ConnorCalifornia Court of Appeal · 1927
  5. Matter of DepueNew York Court of Appeals · 1906

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