Ex parte Hays

Ex parte Hays
1916 OK CR 32
155 P. 1118
12 Okl.Cr. 323
Case Number: No. A-2508
Decided: 04/15/1916
Oklahoma Court of Criminal Appeals

In the matter of the application of Sam Hays for writ of habeas corpus. Writ denied.

A.L. Beckett, for petitioner.

R. McMillan, Asst. Atty. Gen., for the respondent.

PER CURIAM. This was a petition for a writ of habeas corpus to the warden of the state penitentiary at McAlester, wherein Sam Hayes alleges that he is unlawfully restrained and imprisoned in the penitentiary at McAlester upon a purported penitentiary mittimus issued out of the District Court in and for Haskell county upon a judgment and sentence rendered by said court upon the verdict of a jury finding the petitioner guilty of the crime of larceny of live stock; that T.M. Crews, the justice of the peace before whom his preliminary examination was had was ineligible to the office of justice of the peace, and the preliminary examination of this petitioner was a nullity and was without authority of law and void, and this petitioner at no time waived his right to have an examining trial.