In Re. Smith

The opinion of the court was delivered by

Dale, C. J.:

This was an original proceeding in stituted by habeas corpus, in the supreme court, on the application of James H. Smith for release from imprisonment in the jail of P county, in this territory, the petitioner alleging that he is restrained of his liberty .by an order of the judge of the district court of P county, Oklahoma, remanding- 'him to the prison of the county to await the action of the grand jury of the next term of the court of said county.

The petitioner alleges that, at the May term of the district court of P county, an…