Legal Opinion

In Re Simmons

Court of Criminal Appeals of Oklahoma

Decided January 9, 1911No. A-975PublishedCited by 32 opinions

Original Proceeding by Habeas Corpus. Application by T. H. Simmons for writ of habeas corpus. Tlie petitioner, T. H. Simmons, on December 16, 1910, filed in this court a petition, which, omitting the title and verification, reads as follows: “Your petitioner, T. H. Simmons, represents and states to this Honorable Court that he is restrained of his liberty, and is unlawfully imprisoned and restrained at Tulsa, in the county of Tulsa, in the State of Oklahoma, by C. W.…

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Original Proceeding by Habeas Corpus. Application by T. H. Simmons for writ of habeas corpus. Tlie petitioner, T. H. Simmons, on December 16, 1910, filed in this court a petition, which, omitting the title and verification, reads as follows: “Your petitioner, T. H. Simmons, represents and states to this Honorable Court that he is restrained of his liberty, and is unlawfully imprisoned and restrained at Tulsa, in the county of Tulsa, in the State of Oklahoma, by C. W. Conneely as chief of police of the' City of Tulsa. The cause of said restraint, according to the best of the knowledge - and…

1Opinion of the Court

DOYLE, Judge.

The petitioner was charged with having on December 10, 1910, violated ordinance number 756 of the city of Tulsa, by then and there unlawfully having in his possession intoxicating liquors with intent to barter, sell, give away and otherwise furnish the same contrary to the statute and said ordinance. TJpon his arraignment, in the municipal court of said city he filed a demurrer to said complaint, on the grounds that said municipal court had no jurisdiction to try petitioner on said charge, for the reason that the aforesaid ordinances of the city of Tulsa were void, because the…

2Cases cited24 opinions

  1. Callan v. WilsonSupreme Court of the United States · 1888
  2. Harris County v. StewartTexas Supreme Court · 1897
  3. Cross v. North CarolinaSupreme Court of the United States · 1889
  4. Waldo v. WallaceIndiana Supreme Court · 1859
  5. Brakken v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1881

19 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. Ex Parte DanielsCalifornia Supreme Court · 1920
  2. State Ex Rel. Burns v. Linn, District JudgeSupreme Court of Oklahoma · 1915
  3. Ex Parte JohnsonCourt of Criminal Appeals of Oklahoma · 1921
  4. Ex Parte JohnsonCourt of Criminal Appeals of Oklahoma · 1917
  5. Wilkins v. StateCourt of Criminal Appeals of Oklahoma · 1911

27 more not listed; retrieve them via the Exa API.

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