Ex Parte Barnette

The petition shows that the petitioner, J. I. Barnette, in November, 1928, in the municipal court of the city of Tulsa, was convicted on a charge of transporting intoxicating liquors and sentenced by the court to pay a fine of $50 and be confined in the Tulsa county jail for 80 days; that petitioner is now held in custody under such sentence, and prays that a writ of habeas corpus issue to R. D. Sanford, sheriff of Tulsa county, to the end that the petitioner may be released from such imprisonment.

It appears that the regular judge of the municipal court disqualified himself in the case and,…