Ex parte Mitchell

Ex parte Mitchell
1917 OK CR 82
164 P. 134
13 Okl.Cr. 295
Case Number: No. A-2895
Decided: 04/16/1917
Oklahoma Court of Criminal Appeals

JURY Right to Jury Trial Violation of Ordinance.

Application of Freeman Mitchell for writ of habeas corpus. Writ allowed, and petitioner 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, Freeman Mitchell, is illegally restrained of his liberty by the officers of the city of Oklahoma City, and is now compelled to work upon the county roads; that on the 29th day of November, 1916, he was convicted in the municipal court of said city on a charge of theft, and was sentenced to pay a fine of $99 and the costs and to serve a sentence of 90 days in the city jail. The writ issued, and in obedience to the writ the petitioner was brought before the court the following day and return made to the writ.