Ex parte Welsher

Ex parte Welsher
1932 OK CR 37
8 P.2d 76
53 Okl.Cr. 81
Decided: 01/30/1932
Oklahoma Court of Criminal Appeals

Original application by H.L. Welsher for a writ of habeas corpus, requiring the sheriff of Muskogee county to release petitioner on bail. Bail denied.

G.P. Watkins and C.W. Garrett, for petitioner.

J. Berry King, Atty. Gen., Smith C. Matson, Asst. Atty. Gen., and Phil K. Oldham, Co. Atty., for the State.

PER CURIAM. This is an original proceeding in habeas corpus. Petitioner alleges, in substance, that he is unlawfully restrained by the sheriff of Muskogee county on a charge of murder, wherein petitioner is accused of causing the death of one Bertha Cottingham while he was engaged in the commission of a felony in driving an automobile

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while intoxicated. That the proof of his guilt is not evident, nor the presumption thereof great.