Ex Parte Harkins
Court of Criminal Appeals of Oklahoma
Application of C. L. Harkins for writ of habeas corpus. The material portions of the evidence taken upon the preliminary trial are as follows : Mrs. Anna Grissom testified at the preliminary hearing that she lived at Delaware, Okla., about 50 feet from the home of Mr. Arvie Hurst. That she moved there on the 20th day of January, 1912. That she knew Elsie Adams, who lived at Hurst’s house. Knew Mr. Hurst when she saw him, but had never met him.
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Application of C. L. Harkins for writ of habeas corpus. The material portions of the evidence taken upon the preliminary trial are as follows : Mrs. Anna Grissom testified at the preliminary hearing that she lived at Delaware, Okla., about 50 feet from the home of Mr. Arvie Hurst. That she moved there on the 20th day of January, 1912. That she knew Elsie Adams, who lived at Hurst’s house. Knew Mr. Hurst when she saw him, but had never met him. That she remembers the occasion of the Hurst house being burned along about the 3d day of February, 1912. That she saw Elsie Adams and Mrs. Hurst m the…
1Opinion of the CourtFurman, P. J.
(after stating the facts as above). The petition for habeas corpus in this case was first presented to the Honorable T.- L. Brown, judge of the Second judicial district, and for some reason, which is unexplained, he did not pass upon the merits of the case, and the petition was withdrawn, at his request, and then presented to this court.- The effect of this is the same that it would have been if he had heard the case and refused bail.
It is not a necessary prerequisite to the issuance of a writ of habeas corpus by this court that the case should have been previously passed upon by the judge in…
2Cases cited2 opinions
- Ex Parte HayesCourt of Criminal Appeals of Oklahoma · 1911
- O'Brien v. ClarkCourt of Criminal Appeals of Oklahoma · 1911
3Cited by8 opinions
- Miller v. StateCourt of Criminal Appeals of Oklahoma · 1913
- Harris v. StateCourt of Criminal Appeals of Oklahoma · 1914
- Ex Parte JefferiesCourt of Criminal Appeals of Oklahoma · 1912
- Woody v. StateCourt of Criminal Appeals of Oklahoma · 1913
- Walker v. StateCourt of Criminal Appeals of Oklahoma · 1921
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