Legal Opinion

Ex Parte Patman

Court of Criminal Appeals of Oklahoma

Decided April 15, 1908No. 106PublishedCited by 13 opinions

Application of Thomas Patman for writ of habeas corpus. Prior to the admission of the state of Oklahoma into the Union the relator, Thomas Patman, was jointly indicted with Ben Titsworth and Eugene Titsworth by a grand jury in the United States Court for the Western District of the Indian Territory, at Muskogee, charging them with the crime of murder.

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Application of Thomas Patman for writ of habeas corpus. Prior to the admission of the state of Oklahoma into the Union the relator, Thomas Patman, was jointly indicted with Ben Titsworth and Eugene Titsworth by a grand jury in the United States Court for the Western District of the Indian Territory, at Muskogee, charging them with the crime of murder. Relator in his petition in this action states that he had knowledge and was in possession of facts that tended to establish the guilt of said Eugene F. Titsworth of the crime of murder of which he, the said Eugene Titsworth, was indicted, and…

1Opinion of the CourtWilliams, C. J.

(after stating the'facts as above). The relator being held in custody by the sheriff of Muskogee county to answer an indictment pending and undetermined in the district court of said county for the crime of murder, a writ of habeas corpus is prayed for by relator, not that he may be discharged on bail but it is claimed by him that he is entitled to an absolute and unconditional discharge from custody.

In the case of Perry v. State, 41 Tex. 489, the court says:

“The right to discharge is based upon the fact of appellant having previously been convicted in said court on another indictment for…

2Cases cited4 opinions

  1. Perry v. StateTexas Supreme Court · 1874
  2. United States v. Armour & Co.District Court, N.D. Illinois · 1906
  3. Darrah v. WesterlageTexas Supreme Court · 1876
  4. Ex Parte CroffordCourt of Criminal Appeals of Texas · 1898

3Cited by13 opinions

  1. In Re McNaughtCourt of Criminal Appeals of Oklahoma · 1909
  2. In Re TalleyCourt of Criminal Appeals of Oklahoma · 1910
  3. Ex Parte JohnsonCourt of Criminal Appeals of Oklahoma · 1908
  4. Ex Parte McNaughtCourt of Criminal Appeals of Oklahoma · 1909
  5. Ex Parte JustusSupreme Court of Oklahoma · 1910

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