Ex Parte McNaught
Supreme Court of Oklahoma
Application by George W. McNaught for a writ of habeas corpus. Writ dismissed. On the 11th day of January, A. D. 1909, the relator filed his petition in this court, alleging that on the 28th day of September, A. D. 1908, at a regular term of the district court of Kingfisher county, state of Oklahoma, the county attorney of said county filed in said court a certain information in two counts, charging him with the crime of murder and manslaughter.
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Application by George W. McNaught for a writ of habeas corpus. Writ dismissed. On the 11th day of January, A. D. 1909, the relator filed his petition in this court, alleging that on the 28th day of September, A. D. 1908, at a regular term of the district court of Kingfisher county, state of Oklahoma, the county attorney of said county filed in said court a certain information in two counts, charging him with the crime of murder and manslaughter. That thereafter, to wit, on the 29th day of September,. A. D. 1908, re-' lator appeared in open court, and entered his plead of “not guilty” to the…
1Opinion of the CourtWilliams, J.
(after stating the facts as above). The relator, having invoked the jurisdiction of the Criminal Court of appeals by writ of habeas corpus, and the prisoner being remanded by said court to the proper custody (In re McNaught, 1 Okla. Cr. 528, 99 Pac. 241), the jurisdiction of this court by such writ is now invoked. The question arises as to whether or not section 17, art. 2 (Bill of Rights), of the Constitution (Bunn’s Ed. § 26), Avhich provides that: “No person shall be prosecuted criminally in courts of record for felony or misdemeanor otherwise than by presentment or indictment or by…
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3Cited by28 opinions
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