Smith v. Waters

This is an original action in habeas corpus instituted by the petitioner, Clyde Smith, to secure his release from confinement in the State Penitentiary.

The verified petition filed herein alleges that on July 15, 1940, the petitioner was taken into custody and confined in the county jail at Hugo, Oklahoma, until August 1, 1940, and he was then transferred to the county jail at Antlers, Pushmataha county. On August 6, 1940, and within a period, of 30 minutes, a complaint was filed, warrant issued; preliminary hearing was waived, information filed, plea of guilty entered, and judgment of life…