Ex Parte Duncan

Petitioners, LeRoy Freeman Duncan and Donnie Duncan, husband and wife, allege that they are illegally held in the county jail of McClain county by the sheriff' of that county; that they were charged by preliminary information in the justice court of S. C. Thompson, justice of the peace, sitting as an examining magistrate, with the crime of burglary in the second degree. It is asserted that the state at said preliminary examination held on the 7 day of May, 1953, failed to produce sufficient evidence to show probable cause to believe that petitioners were guilty of the crime charged, or any…