Ex parte Beckner

Ex parte Beckner
1928 OK CR 81
264 P. 633
39 Okl.Cr. 185
Decided: 02/28/1928
Oklahoma Court of Criminal Appeals

(Syllabus.)

Habeas Corpus Objection that Information Was Filed Without Committing Magistrate's Transcript Can Only Be Made by Motion to Set Aside Information Before Trial.

Original application by William Beckner for a writ of habeas corpus to be directed to Ben B. Dancy, Sheriff of Oklahoma County. Writ denied.

See, also, 29 Okla. Cr. 239, 233 P. 496.

Earley & Choate, for petitioner.

The Attorney General, for respondent.

DOYLE, P.J. The petition for writ of habeas corpus filed in this court December 7, 1927, avers that petitioner, William Beckner, was tried and convicted in the district court of Oklahoma county on a charge of adultery and was sentenced to serve a term of two years in the penitentiary; that he is now in the custody of Ben B. Dancy, sheriff of Oklahoma county, for the purpose of being taken to the penitentiary to begin serving said term.

It is averred that the district court of Oklahoma

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county did not have jurisdiction to try the petitioner because no transcript of the proceedings had before the committing magistrate holding petitioner for trial to said district court was ever filed.

Counsel for the state interposed a demurrer to the petition.