Application of Petty

Application of Petty
1928 OK CR 185
267 P. 286
40 Okl.Cr. 123
Decided: 05/16/1928
Oklahoma Court of Criminal Appeals

(Syllabus.)

1. Bail Habeas Corpus for Bail for Capital Offense Burden of Proof. Upon an application to the Criminal Court of Appeals for bail by writ of habeas corpus, after a commitment for a capital offense by an examining court, the burden is upon the petitioner to show facts sufficient to entitle him to bail, when these facts do not appear from the evidence adduced on the part of the prosecutor.

2. Same Evidence Held to Justify Refusal of Bail. Evidence examined, and held sufficient to justify a refusal of bail to the petitioner in custody.

Original application by Ab Petty for a writ of habeas corpus to be admitted to bail. Writ denied.

H.W. Sitton, for petitioner.

Edwin Dabney, Atty. Gen., for the State.

PER CURIAM. Ab Petty filed his petition in this court on May 7, 1928, alleging his unlawful imprisonment and restraint of his liberty by E.R. Young, sheriff of Stephens county, at Duncan, Okla. Attached to and made a part of the petition is a transcript of the proceedings had before the county court of said county, wherein the petitioner is charged with the murder of one Andrew Thomas, alleged to have been committed in said county on or about the 31st day of March, 1928, and the testimony of the defendant taken after the writ of habeas corpus was filed in this court.

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