In re Application for Canterburry

In re Application for Canterburry
1932 OK CR 44
8 P.2d 1116
53 Okl.Cr. 130
Decided: 02/08/1932
Oklahoma Court of Criminal Appeals

In re application for writ of habeas corpus by Dick Canterburry. Writ allowed.

Darnell & Larue, for petitioner.

J. Berry King, Atty. Gen., Jess L. Ballard, Asst. Atty. Gen., and H.E. Thompson, Co. Atty., for the State.

PER CURIAM. Petitioner, Dick Canterburry, alleges that he is wrongfully restrained of his liberty by J.R. Greer, sheriff of Custer county, Okla., and __________ Boucher, sheriff of Gove county, Kan., by reason of an extradition warrant which authorized the immediate arrest of the petitioner to take him back to Kansas to answer a charge of bank robbery.

Petitioner further alleges that said purported charge of bank robbery is alleged to have taken place on the 15th day of October, 1931; that he has never been in the

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state of Kansas; that on the date of said alleged robbery he was in Washita county, Okla., and never left the county of Washita, on the 15th day of October, 1931; that he had no knowledge the said bank was going to be robbed and did not know the bank was robbed until he was so advised by the officers of the law after he was arrested and placed in jail.