Legal Opinion

Ex Parte Flowers

Court of Criminal Appeals of Oklahoma

Decided May 25, 1909No. A-139PublishedCited by 8 opinions

Original petition by Arthur Flowers for a writ of habea's corpus. In his duly verified petition Arthur Flowers alleges that he is restrained of his liberty, and is unlawfully imprisoned at Clare-more, in Rogers county, by Hiram Stephens, sheriff of said county, and that the cause of said restraint, according to his best knowledge and belief is that on the - day of -, 1909, the county attorney of said Rogers county requested the county judge of said county to subpoena…

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Original petition by Arthur Flowers for a writ of habea's corpus. In his duly verified petition Arthur Flowers alleges that he is restrained of his liberty, and is unlawfully imprisoned at Clare-more, in Rogers county, by Hiram Stephens, sheriff of said county, and that the cause of said restraint, according to his best knowledge and belief is that on the - day of -, 1909, the county attorney of said Rogers county requested the county judge of said county to subpoena witnesses before the said county judge, for the purpose of inquiring into whether or not the prohibitory law of this state had…

1Opinion of the Court

BAKER, Judge,

(after stating the facts as above). It is contended by counsel for the petitioner that he was unlawfully restrained of his liberty by the sheriff of Rogers county, state of Oklahoma, for the reason, notwithstanding the filing of an information, the trial and conviction in the county court of said county, that the alleged information was not predicated upon sworn proof, and that the testimony of P. Fisher, upon which the county attorney based the information charging the petitioner with the offense of unlawfully selling intoxicating liquors, was improperly obtained, and that said…

2Cases cited2 opinions

  1. Ex Parte GudenogeCourt of Criminal Appeals of Oklahoma · 1909
  2. Ex Parte ReynoldsCourt of Criminal Appeals of Texas · 1896

3Cited by8 opinions

  1. De Graff v. StateCourt of Criminal Appeals of Oklahoma · 1909
  2. Salter v. StateCourt of Criminal Appeals of Oklahoma · 1909
  3. Cox v. StateCourt of Criminal Appeals of Oklahoma · 1909
  4. Ex Parte LairCourt of Criminal Appeals of Oklahoma · 1925
  5. Ex Parte BrownCourt of Criminal Appeals of Oklahoma · 1909

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