Van Fleet

Van Fleet
1919 OK CR 287
183 P. 986
16 Okl.Cr. 713
Decided: 10/14/1919
Oklahoma Court of Criminal Appeals

Petition by F.M. Van Fleet for writ of habeas corpus. Petitioner ordered discharged from custody.

A.C. Towne, for petitioner.

The Attorney General, for respondent.

PER CURIAM. In this proceeding the petitioner, F.M. Van Fleet, presented to this court a verified petition, averring that he is unlawfully imprisoned in the county jail of Ottawa county by the sheriff of said county. It is further averred: That on October 12, 1915, one H.L. Herbert filed a complaint before J.L. Speer, a justice of the peace, charging that affiant was about to commit a breach of the peace. That petitioner was arrested and brought before said justice of the peace,

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and filed an affidavit for change of venue, which was denied. Thereupon the petitioner demanded a trial by jury, which was refused. That over the objection of petitioner the case was tried, and said justice of the peace made an order requiring petitioner to give bond in the sum of $300 to keep the peace and to appear at the next term of the district court of Ottawa county, and in default of such bond he stand committed to the county jail. That petitioner is unable to give bond, and is now being illegally and unlawfully held under said commitment by said sheriff. Copies of the complaint and affidavit for change of venue, the judgment, and order of commitment are attached to said petition. That he made application for writ of habeas corpus to the district court of said county, and the same was denied.