Ex parte Davis

Ex parte Davis
1946 OK CR 44
168 P.2d 663
82 Okl.Cr. 268
Decided: 04/24/1946
Oklahoma Court of Criminal Appeals

(Syllabus.)

Habeas Corpus-Petition Dismissed Where Petitioner No Longer in Custody.

Habeas corpus proceeding by Lena Louise Davis by her mother and next friend, Mrs. Alma Davis. Petition dismissed.

W. N. Maben and Joe W. Simpson, both of Tulsa, for petitioner.

Randell S. Cobb, Atty. Gen., and Sam H. Lattimore, Asst. Atty. Gen., for respondent.

BAREFOOT, J. Petitioner, Lena Louise Davis, by her mother and next friend, Mrs. Alma Davis, filed in this court her petition for habeas corpus, representing that the said Lena Louise Davis was unlawfully imprisoned and restrained of her liberty at the State Home for Juvenile delinquents at Tecumseh, Oklahoma, by the superintendent of said institution, Mrs. Creighton B. Burnham.

Since the filing of this petition, our attention has been called to the fact, by the response and affidavit of the superintendent, that the petitioner has been discharged from said institution, and is no longer an inmate thereof.