Legal Opinion

Wisener, Sheriff v. Burrell

Supreme Court of Oklahoma

Decided April 14, 1911No. 2251PublishedCited by 19 opinions

Error from Superior Court, Muskogee County; Farrar L. McCain, Judge. Application by Hugh A. Burrell for writ of habeas corpus to John L. Wisener, Sheriff. Relator discharged, and defendant brings error.

1Opinion of the CourtDunn, J.

This case presents error from the superior court of Muskogee county. Defendant in error, being held for extradition for a criminal offense under a warrant in the hands of plaintiff in error, acting as sheriff in that county, secured his release by a writ of habeas corpus issued out of the said court. The sheriff has undertaken to bring the case here for review, to secure a reversal of the judgment discharging his prisoner.

Three questions of practice going to the jurisdiction of this court are presented by counsel for defendant in error which are: First, that decisions in habeas corpus are not…

2Cases cited21 opinions

  1. Ex parte JilzSupreme Court of Missouri · 1876
  2. Ex Parte JohnsonCourt of Criminal Appeals of Oklahoma · 1908
  3. Hammond v. People ex rel. VacaroIllinois Supreme Court · 1863
  4. Carruth v. TaylorNorth Dakota Supreme Court · 1898
  5. State v. . MillerSupreme Court of North Carolina · 1887

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3Cited by19 opinions

  1. Jamison v. Gilbert Et Ux.Supreme Court of Oklahoma · 1913
  2. Ex Parte OwensCourt of Criminal Appeals of Oklahoma · 1927
  3. People Ex Rel. Sabatino v. JenningsNew York Court of Appeals · 1927
  4. Brooks v. BaltzSupreme Court of Oklahoma · 2000
  5. Hedtke v. KukukSupreme Court of Oklahoma · 1923

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