Shimley v Hunt

Shimley v Hunt
1947 OK CR 38
179 P.2d 483
84 Okl.Cr. 96
Decided: 04/02/1947
Oklahoma Court of Criminal Appeals

(Syllabus.)

Pleading-Prohibition-Where Issue Has Become Moot, Order Entered Dismissing Petition.

Original proceeding by Harold E. Shimley, Harold Byford, Patrick J. Kelly, and Charles Clifford Stanton for a writ of prohibition directed to Albert C. Hunt, District Judge of Oklahoma County, Okla., and Dick Strain, Sheriff of Oklahoma County, Okla., restraining the respondents from transferring petitioners from the county jail of Oklahoma county. Petition dismissed.

David Tant, of Oklahoma City, for petitioners.

Warren Edwards, Co. Atty., of Oklahoma City, for respondents.

PER CURIAM. Petitioner, Harold E. Shimley, Harold Byford, Patrick J. Kelly, and Charles Clifford Stanton filed their petition in this court seeking a writ of prohibition against the above-named respondents. It was alleged that the information charging the crime of kidnapping had been filed against petitioners in the district court of Oklahoma county, and that they were at that time confined in the Oklahoma county jail, and that respondent Albert C. Hunt, judge of the district court of Oklahoma county, had entered an order directing that petitioner

Page 97

Shimley be transferred by respondent Dick Strain, sheriff of Oklahoma county, to the city jail of Oklahoma City; there to remain without bond to await trial and the further orders of the court; and that the petitioners Patrick J. Kelly and Charles Clifford Stanton, be transferred to the county jail of Canadian county without bond to await trial, and the further orders of the court.

It was further alleged that respondent Dick Strain was threatening to carry out said orders, and unless prohibited by this court said order would be carried into effect.