Ex parte Beshirs

Ex parte Beshirs
1915 OK CR 250
166 P. 73
12 Okl.Cr. 605
Case Number: No. A-2548
Decided: 11/11/1915
Oklahoma Court of Criminal Appeals

Petition of Aaron Beshirs Jr., for writ of Habeas Corpus, to be let to bail. Bail allowed.

McPherren & Cochran, for petitioner.

PER CURIAM. This is a petition for write of Habeas Corpus, by Aaron Beshirs, Jr., to be let to bail. Petitioner avers that he is unlawfully imprisoned and restrained of his liberty by John Phillips, sheriff of Bryan county; that the cause of such restraint is that on a preliminary examination he was held to answer to the district court of Bryan county on a charge of murder. Attached to the petition is a copy of the evidence taken upon the preliminary examination, which shows that the petitioner is a boy eighteen years of age; that on or about the 15th day of September, 1915, the petitioner while in an intoxicated condition struck the deceased with an empty bottle once upon the head; from the effect of which blow the deceased died the following day. That shortly before the blow was inflicted, the petitioner and the deceased were friendly. That nothing was said or occurred between them except that the petitioner as he rode along behind Walter Smith, the deceased, said in substance that the brother of the deceased had tried to whip petitioner but could not do so, and that petitioner could whip them both.

In petitioner's affidavit he states, "That at the time it is claimed that he struck the said Walter Smith with a bottle, affiant had no intention of inflicting any injury of any kind on him, and at no time had any intention of killing the said Walter Smith, or causing him any bodily injury."