Ex parte Gownlock

Ex parte Gownlock
1917 OK CR 81
164 P. 130
13 Okl.Cr. 293
Case Number: No. A-2894
Decided: 04/16/1917
Oklahoma Court of Criminal Appeals

JURY--Right to Jury Trial--Violation of Ordinance.

Petition by George Gownlock for writ of habeas corpus. Petitioner ordered to be discharged.

O.A. Cargill, for petitioner.

B.D. Shear, Municipal Counselor, and Frank Watson, for respondent.

DOYLE, P. J. On the 20th day of December, 1916, a duly verified petition for writ of habeas corpus was presented to the Presiding Judge, averring in substance that the petitioner, Geo. Gownlock, is unlawfully restrained of his liberty by the officers of the city of Oklahoma City, upon a judgment of the municipal court of said city entered on the 18th day of October, 1916, imposing a fine of $99 and confinement for 30 days, and further averring:

"That he was deprived of a fair trial, in this that he was deprived of an opportunity to produce witnesses to prove that he was not guilty of the offense charged; that there was no competent evidence introduced to show that he was guilty of the offense charged; that immediately after his summary conviction, he was transferred to the county roads, where he has been confined and working for the last 30 days."

The writ was issued, and in obedience to the writ petitioner was brought before the court on the following day, and return made to the wit.