Ex parte Foster

Ex parte Foster
1918 OK CR 93
172 P. 980
14 Okl.Cr. 690
Case Number: A-3291
Decided: 04/11/1918
Oklahoma Court of Criminal Appeals

Ex parte FRED FOSTER.

Application of Fred Foster for writ of habeas corpus to be let to bail. Bail denied, and petition dismissed.

Park Wyatt, for petitioner.

R. McMillan, Asst. Atty. Gen., and C. G. Pitman, Co. Atty., for the State.

Page 690

PER CURIAM.

The petitioner, Fred Foster, filed his application, in this court for a writ of habeas corpus to be let to bail and discloses the fact that he is imprisoned in the county jail of Pottawatomie county charged with the murder of John Villines on the 8th day of February, 1918.

Stipulations were filed which show that the state was ready to try the cause on the 4th day of March, 1918, but that it was continued at the instance of the defendant on the ground that he was not ready. In support of the application for bail here, a record of the proceedings had before the trial court on a similar application is offered, supplemented by the stipulations referred to, which stipulations do not contain any new statement of facts.