Ex Parte Prock

This is an original proceeding in habeas corpus brought by the petitioner, M. M. Prock. The petitioner alleges that he is unlawfully restrained of his liberty by the sheriff, E. T. Smith, of Harmon county; the cause of his restraint is that on the 14th day of February, 1930, there was filed in the district court of Harmon county, state of Oklahoma, a certain information wherein it was attempted to charge the said defendant with the crime of embezzlement; that the information, together with exhibits attached thereto, wholly fails to charge any crime or offense against the laws of the state of…