Legal Opinion

Ex Parte Ellis

Court of Criminal Appeals of Oklahoma

Decided November 27, 1909No. A-434PublishedCited by 23 opinions

Application of George L. Ellis for a writ of habeas carpus. This is an application to this court, filed November 16, 1909, for a writ of habeas corpus, to relieve the petitioner*, George L. Ellis, from the custody of T. M. Latham, sheriff of Texas county.

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Application of George L. Ellis for a writ of habeas carpus. This is an application to this court, filed November 16, 1909, for a writ of habeas corpus, to relieve the petitioner*, George L. Ellis, from the custody of T. M. Latham, sheriff of Texas county. The petition sets out with particularity proceedings in the county court of Texas county wherein petitioner was committed to the county jail to await the action of the district court of Texas county on a charge of perjury, and also in the case of the State v. G. L. Ellis and Henry McCann, before W. H. Castleberry, a justice of the peace in…

1Opinion of the Court

DOYLE, Judge,

(after stating the facts as above). The petitioner complains upon the facts stated that he is restrained of his liberty “without due process of law.” It. is apparent that the county court in issuing said warrant and commitment proceeded under section 2083, Wilson’s Rev. & Ann. St. 1903, which provides :

“Whenever it appears probable in any court of record that any person who has testified in any action or proceeding in such court has committed perjury, such court must immediately commit such person by an order or process for that purpose to prison or take a recognizance with…

2Cases cited3 opinions

  1. In Re McNaughtCourt of Criminal Appeals of Oklahoma · 1909
  2. Stockwell v. Township BoardMichigan Supreme Court · 1871
  3. Day v. DayIdaho Supreme Court · 1906

3Cited by23 opinions

  1. U'ren v. BagleyOregon Supreme Court · 1926
  2. Leonard v. WillcoxSupreme Court of Vermont · 1928
  3. Payne v. LeeSupreme Court of Minnesota · 1946
  4. Ex Parte OwensCourt of Criminal Appeals of Oklahoma · 1927
  5. Bell v. BellIdaho Supreme Court · 1910

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