Ex Parte McNaught
Court of Criminal Appeals of Oklahoma
Application by George W. McNaught for a writ of habeas corpus. On the nth day o.f January, A. D. 1909, the relator filed his petition in this court, alleging that on the 28th day of September, A. D. 1908, at a regular term of the district court of Kingfisher county, state of Oklahoma, the county attorney of said county filed in said court a certain information in two counts, charging him with the crime of murder and manslaughter.
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Application by George W. McNaught for a writ of habeas corpus. On the nth day o.f January, A. D. 1909, the relator filed his petition in this court, alleging that on the 28th day of September, A. D. 1908, at a regular term of the district court of Kingfisher county, state of Oklahoma, the county attorney of said county filed in said court a certain information in two counts, charging him with the crime of murder and manslaughter. That thereafter, to wit, on the 29th day of September, A. D. 1908, relator appeared in open court, and entered his plea of “not guilty” to the charge under said…
1Opinion of the CourtWilliams, J.
(after stating the facts as above), The relator, having invoked the jurisdiction of the Criminal Court of Appeals by writ of habeas corpus, and the prisoner being remanded by said court to the proper custody (In re McNaught, post. Part 11., 99 Pac. 241), the jurisdiction of this court, by such writ is now invoked. The question arises as to whether or not section 17, art. 2, (Bill of Rights), of the Constitution (Bunn’s Ed. § 26), which provides that: “No person shall be prosecuted criminally in courts of record for felony or misdemeanor otherwise than by presentment or indictment or by…
2Cases cited39 opinions
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3Cited by15 opinions
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