Ex Parte Schrack

The petitioner, Paul Schrack, was held by committing magistrate, Otis James, of Oklahoma county, for trial on a charge of burglary in the second degree. Upon said commitment, the county attorney of Oklahoma county caused an information to be filed against the said Paul Schrack, based upon said commitment. Application was made to this court for a writ of habeas corpus, alleging that said commitment was wholly void in that the committing magistrate had no legal and competent evidence before him to establish probable cause for believing the petitioner guilty of the offense of burglary in the…