Ex parte Irby

Ex parte Irby
1916 OK CR 121
158 P. 304
12 Okl.Cr. 621
Case Number: No. A-2821
Decided: 08/22/1916
Oklahoma Court of Criminal Appeals

Application of Herbert Irby for Writ of Habeas Corpus to be let to bail. Bail denied.

Mounts & Davis, attorneys for petitioner.

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

PER CURIAM. In this proceeding petitioner, Herbert Irby, by his attorneys has presented to this court a verified petition wherein he alleges that he is unlawfully imprisoned and restrained of his liberty in the county jail of Tilman county, by B.B. Eoff, sheriff of said county; that he has been committed to said jail by D.H. Taylor, justice of the peace, upon a preliminary examination held by him at Grandfield on the 10th day of July, 1916, upon an information charging petitioner with the murder of his wife, Ruby Irby, by shooting her with a pistol.

Petitioner avers that he is not guilty of the crime of murder as charged; that the proof of his guilt of the charge of murder is not evident nor the presumption thereof great. It is also shown that the judge of the district court of Tilman county is absent from the state.