Ex Parte Smith
Court of Criminal Appeals of Oklahoma
Original application by Jeff D. Smith for a writ of habeas corpus to be admitted to bail. Prisoner admitted to bail. On the 15th day of November, 1908, Jeff D. Smith (hereinafter called defendant) shot and killed John Tabner in Wetumka, in Hughes county. The defendant waived a preliminary examination, and was committed to jail without bail, to await trial upon the charge of murder.
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Original application by Jeff D. Smith for a writ of habeas corpus to be admitted to bail. Prisoner admitted to bail. On the 15th day of November, 1908, Jeff D. Smith (hereinafter called defendant) shot and killed John Tabner in Wetumka, in Hughes county. The defendant waived a preliminary examination, and was committed to jail without bail, to await trial upon the charge of murder. Since then the defendant applied to Hon. John Caruthers, judge of the district court, for a writ of habeas corpus, in order that he might be admitted to bail on the said charge of murder. Bail was refused upon this…
1Opinion of the Court
FUE MAN, PRESIDING Judge,
(after stating the facts as above). Section 8 of the Bill of Eights of our Constitution is as follows (Bunn’s Ed. § 17):
“All persons shall be bailable, by sufficient sureties, except for capital offenses when the proof of guilt is evident, or the presumption thereof is great.”
This clause of the Constitution has been construed by the Supreme Court of this state in the case of In re Thomas, 20 Okla. 167, 93 Pac. 983. Mr. Justice Iiane there said:
“We believe that., with the burden of proof on the petitioners, if, after hearing the whole evidence introduced on the…
2Cases cited4 opinions
- Morris v. TerritoryCourt of Criminal Appeals of Oklahoma · 1909
- National Live Stock Commission Co. v. TaliaferroSupreme Court of Oklahoma · 1908
- In Re ThomasCourt of Criminal Appeals of Oklahoma · 1908
- Ex Parte WatsonCourt of Criminal Appeals of Oklahoma · 1909
3Cited by13 opinions
- Ford v. DilleySupreme Court of Iowa · 1916
- Ex Parte W.L. DykesCourt of Criminal Appeals of Oklahoma · 1911
- In Re FraleyCourt of Criminal Appeals of Oklahoma · 1910
- Ex Parte PopeCourt of Criminal Appeals of Oklahoma · 1927
- Ex Parte GarvinCourt of Criminal Appeals of Oklahoma · 1920
8 more not listed; retrieve them via the Exa API.