Legal Opinion

Ex Parte Curlee

Supreme Court of Oklahoma

Decided April 27, 1908No. 28PublishedCited by 9 opinions

Application of J. W. Curlee for a.writ of hateas corpus. On the 26th day of December, 1907, relator filed his petition with the clerk of this court praying for a writ of hateas corpus, alleging that he was unlawfully imprisoned and restrained of his liberty by George B. Noble, sheriff of Le Plore county, Okla.

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Application of J. W. Curlee for a.writ of hateas corpus. On the 26th day of December, 1907, relator filed his petition with the clerk of this court praying for a writ of hateas corpus, alleging that he was unlawfully imprisoned and restrained of his liberty by George B. Noble, sheriff of Le Plore county, Okla. The writ was issued returnable on the 11th day of January, A. D. 1908. Said respondent made return to said writ as follows: “The above defendant, J. W. Curlee, is detained by George B. Noble, as sheriff of said county, by virtue of a warrant of -commitment charging him with the crime of…

1Opinion of the CourtWilliams, C. J.

(after stating the facts as above.) We have decided at this term of court in the case of Ex parte Buchanen, 94 Pac. 943, that an indictment for the crime of manslaughter —an offense committed in the Indian Territory prior to its admission into the Union, and returned after such time, where no prosecution whatever had been begun before such date of admission — is cognizable in the district court of the state in the county in which the offense was committed. See, also, Ex parte Bailey, 20 Okla. 497, 94 Pac. 553; Ex parte Brown, 20 Okla. 505, 94 Pac. 556; Higgins v. Brown, 20 Okla. 355, 94 Pac.…

2Cases cited3 opinions

  1. Higgins v. Brown, JudgeSupreme Court of Oklahoma · 1908
  2. Ex Parte BaileyCourt of Criminal Appeals of Oklahoma · 1908
  3. Ex Parte BrownSupreme Court of Oklahoma · 1908

3Cited by9 opinions

  1. Adams v. StateCourt of Criminal Appeals of Oklahoma · 1911
  2. In re Jessie's HeirsDistrict Court, E.D. Oklahoma · 1919
  3. Guthrie v. Mitchell Et Vir.Supreme Court of Oklahoma · 1913
  4. Faggard v. StateCourt of Criminal Appeals of Oklahoma · 1909
  5. Mendenhall v. United StatesCourt of Criminal Appeals of Oklahoma · 1911

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