Ex parte Stover

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Ex parte Stover
1917 OK CR 187
167 P. 1000
14 Okl.Cr. 120
Case Number: No. A-2073
Decided: 10/16/1917
Oklahoma Court of Criminal Appeals

HABEAS CORPUS Issuance of Writ Jurisdiction Correction of Errors.

Application by Willie Stover for writ of habeas corpus. Writ denied.

Ad V. Coppedge, for petitioner.

R. McMillan, Asst. Atty. Gen., for the State.

PER CURIAM. This is a petition for writ of habeas corpus. It is alleged in the petition that Willie Stover is illegally restrained of his liberty by the sheriff of Delaware county by virtue of an unlawful judgment and sentence of the county court, wherein he was sentenced to be confined in the county jail for 60 days and to pay a fine of $120, upon his conviction of the crime of transporting liquor. It is alleged that:

Said "court was without jurisdiction to try the cause for the reason that said court did not convene at the time as fixed and required by law at the town of Grove, a court town, but not the county seat and being the only court town in Delaware county except the county seat."

Page 121

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