Legal Opinion

Ex Parte Houghton

Court of Criminal Appeals of Oklahoma

Decided October 24, 1908No. A. 19PublishedCited by 11 opinions

Application of Ed. Houghton for writ of habeas corpus. This is an original proceeding in this court for a writ of habeas corpus.

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Application of Ed. Houghton for writ of habeas corpus. This is an original proceeding in this court for a writ of habeas corpus. The petition was filed, and the writ of habeas corpus was properly issued on said petition, on the 6th day of October, 1908, and made returnable on the 13th day of October, 1908, service of said writ being acknowledged, and accepted by the sheriff of Choctaw county; and the said sheriff made return, which is set forth in an agreed statement of facts, which is as follows: Agreed Statement of Facts. . “It is hereby agreed that the personal attendance of the petitioner…

1Opinion of the CourtDoyle, Judge

(after stating the facts as above). It is coni ended by the petitioner that his constraint is illegal and unauthorized, because the bail fixed in each charge by the county court is excessive, and therefore illegal and unauthorized; so that the proceeding before us is, in effect, an application for a re,duction of the bail heretofore fixed by the county court in which the informations were filed. There are now pending, in said county court, 10 informations, and petitioner claims that, by reason of his poverty, he cannot give bail in the amount fixed by the county court.

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2Cases cited3 opinions

  1. Ex parte DuncanCalifornia Supreme Court · 1879
  2. Ex parte DuncanCalifornia Supreme Court · 1879
  3. Ex Parte McClellanCourt of Criminal Appeals of Oklahoma · 1908

3Cited by11 opinions

  1. Lambert v. StateCourt of Criminal Appeals of Oklahoma · 2005
  2. State Ex Rel. Smith v. UntreinerDistrict Court of Appeal of Florida · 1971
  3. Kordelski v. CookCourt of Criminal Appeals of Oklahoma · 1980
  4. Ex Parte HaynieCourt of Criminal Appeals of Oklahoma · 1925
  5. Ex Parte RubleCourt of Criminal Appeals of Oklahoma · 1920

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