Ex Parte Smith

The petitioners stand charged in the superior court of Okmulgee county with the murder of one Ingram. After the filing of the petition for a writ of habeas corpus here, this court ordered a rule to show cause why the writ should not issue, returnable July 1, 1925.

Upon the return day of the rule, the evidence on the part of the state, taken at the preliminary examination, supported by evidence taken on the return day of the rule, makes a prima facie showing of probable cause for believing that the petitioners are guilty of murder and are not entitled to bail.

In an application for bail in a…