Ex parte Burleson

Ex parte Burleson
1917 OK CR 229
161 P. 1101
35 Okl.Cr. 397
Case Number: No. A-2788
Decided: 01/06/1917
Oklahoma Court of Criminal Appeals

Petition by Bert Burleson for a writ of habeas corpus to secure his release from imprisonment by the Chief of Police of Oklahoma City and the Sheriff of Oklahoma County. Writ issued, and petitioner discharged.

J.T. Michael, for petitioner.

B.D. Shear, A.T. Boys, and Frank Watson, for respondent.

PER CURIAM. This is a habeas corpus proceeding instituted in this court by Bert Burleson, who alleges that he is restrained of his liberty by the chief of police of Oklahoma City and the sheriff of Oklahoma county, under the following state of facts: That on the 10th day of July, 1916, he was arrested on a charge of vagrancy and brought before the municipal judge of said city, and a pretended trial was had, wherein no evidence was introduced tending to prove that said petitioner was guilty as charged, and he "was illegally sentenced to pay a fine of $99 and $1 costs and serve 90 days in the city jail; that thereafter, on the 13th day of July, 1916, and before the time had elapsed within which said petitioner could take an appeal, he was transferred to the county jail and immediately taken to a road gang and placed in chains and compelled to work upon the public highways in Oklahoma county."