In re Oberst

The opinion of the court was delivered by

Smith, J.:

This is an original action in habeas corpus. Owen Oberst was charged with murder alleged to have been committed in Butler county. He pleaded guilty and was sentenced to the penitentiary. Subsequently he filed a motion to withdraw this plea of guilty. This was denied. He appealed, and the judgment of the district court was reversed and it was directed to proceed with the trial.

He was tried three times. Each trial resulted in the jury being discharged on account of not being able to agree upon a verdict.

When the case came on for trial for the…