Ex Parte Johnson
Court of Criminal Appeals of Oklahoma
Original application by Charles Johnson for habeas corpus and for certiorari in aid thereof. This is an original proceeding in this court for a writ of habeas corpus and for a writ of certiorari in aid thereof.
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Original application by Charles Johnson for habeas corpus and for certiorari in aid thereof. This is an original proceeding in this court for a writ of habeas corpus and for a writ of certiorari in aid thereof. The petition was signed and verified by the petitioner, and, omitting the formal parts, was as follows: “Your petitioner, Charles Johnson, most respecfully represents to your honors that he is now illegally and unlawfully restrained of his liberty and detained by M. B. Louthan, sheriff of Grady county, Okla,, in the county, jail at Chickasha, in said county and state; that he is held…
1Opinion of the Court
DOYLE, Judge,
(after stating the facts as above). It is alleged by petitioner that his restraint is illegal and unauthorized, first, because the magistrate who issued the warrant and commitment acted without authority of law, and exceeded the jurisdiction of a justice of the peace in so doing. The petition, with the exhibits and the return as made, shows that the complaint and warrant were proper in form, and the commitment was regular on its face. The Constitution of the state provides (article 7) ■
“Sec. 18. The office of justice of the peace is hereby created, and, until otherwise provided…
2Cases cited10 opinions
- Ex parte JilzSupreme Court of Missouri · 1876
- In re SnyderSupreme Court of Kansas · 1877
- Carruth v. TaylorNorth Dakota Supreme Court · 1898
- In Re ThomasCourt of Criminal Appeals of Oklahoma · 1908
- Ex Parte PatmanCourt of Criminal Appeals of Oklahoma · 1908
5 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- In Re McNaughtCourt of Criminal Appeals of Oklahoma · 1909
- Jamison v. Gilbert Et Ux.Supreme Court of Oklahoma · 1913
- Ex Parte OwensCourt of Criminal Appeals of Oklahoma · 1927
- Ex Parte HoustonCourt of Criminal Appeals of Oklahoma · 1950
- Ex Parte JustusCourt of Criminal Appeals of Oklahoma · 1909
36 more not listed; retrieve them via the Exa API.