Ex parte Chambless

Ex parte Chambless
1947 OK CR 32
179 P.2d 167
84 Okl.Cr. 59
Decided: 03/26/1947
Oklahoma Court of Criminal Appeals

(Syllabus.)

Habeas Corpus-Writ Granted-Sail Fixed at $20,000.

Page 60

hearing thereon, order entered admitting defendant to bail upon the execution of good and sufficient bond in the sum of $20,000.

Habeas corpus proceeding by Orville Lindstiv Chambless to be released from common jail or granted bail in a reasonable sum. Bail allowed.

David Tant, of Oklahoma City, for petitioner,

Mac Q. Williamson, Atty. Gen., and Warren H. Edwards, Co. Atty., and George Lipe, Asst. Co. Atty., both of Oklahoma City, for the State.

BRETT, J. The petitioner, Orville Lindsay Chainbless, was charged by information in Oklahoma county court with the crime of murder. At a preliminary examination he was held to the district court without bond. An information was filed against the defendant in the district court of Oklahoma county on January 8, 1947, and he is now confined in the county jail of Oklahoma county.

Application was made to the district court of Oklahoma county on January 16, 1947, for bail and the writ was denied. The above-named defendant filed his application in this court for writ of habeas corpus on January 23, 1947, in which he claims that he is not guilty of said charge of murder; that the proof thereof is not evident, nor the presumption thereof great; that the same is supported by a certified transcript of the testimony taken before the district judge of Oklahoma county, Okla., in which said hearing he appeared as the only witness.

This petition was heard by agreement of the parties in this court January 24, 1947, at which time the certified copy of the transcript taken in the lower court was offered in evidence and the testimony of two additional witnesses was offered.