Legal Opinion

Ex Parte Hightower

Court of Criminal Appeals of Oklahoma

Decided June 6, 1917No. A-2879PublishedCited by 21 opinions

Habeas corpus by Sarah Hightower, mother of Raymond Hightower, a minor, against the Warden of the State Prison. On November 28, 1916, there was filed in this court a duly verified petition for writ of habeas corpus, which, omitting title and verification, reads as follows: “Your petitioner, Sarah Hightower, mother of Raymond Hightower, a minor, represents and states to this honorable court that he is restrained of his liberty and is unlawfully imprisoned and restrained at…

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Habeas corpus by Sarah Hightower, mother of Raymond Hightower, a minor, against the Warden of the State Prison. On November 28, 1916, there was filed in this court a duly verified petition for writ of habeas corpus, which, omitting title and verification, reads as follows: “Your petitioner, Sarah Hightower, mother of Raymond Hightower, a minor, represents and states to this honorable court that he is restrained of his liberty and is unlawfully imprisoned and restrained at Granite, by the warden of the state prison at said place. The cause of said restraint according to the best knowledge and…

1Opinion of the CourtDoyle, P. J.

(after stating the facts as above). Counsel for petitioner contends that upon the record showing that no preliminary complaint against him was ever filed in the county court of Grady county, and that no investigation was ever had before said court or the judge thereof sitting as a juvenile court concerning the charge of murder before the filing of the information in the district court of said county charging the petitioner with said crime, said district court was without power or jurisdiction to arraign him upon said information or require him to plead thereto, and was without jurisdiction to…

2Cases cited1 opinion

  1. In Re PowellCourt of Criminal Appeals of Oklahoma · 1912

3Cited by21 opinions

  1. Bromley v. CrispCourt of Appeals for the Tenth Circuit · 1977
  2. Ex Parte LewisCourt of Criminal Appeals of Oklahoma · 1947
  3. Wheeler v. ShoemakeMississippi Supreme Court · 1952
  4. Ex Parte LydeCourt of Criminal Appeals of Oklahoma · 1920
  5. Ex Parte ParnellCourt of Criminal Appeals of Oklahoma · 1921

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