Ex parte Foster

Ex parte Foster
1933 OK CR 73
24 P.2d 297
55 Okl.Cr. 19
Decided: 07/21/1933
Oklahoma Court of Criminal Appeals

(Syllabus.)

Habeas Corpus - Examining Magistrate's Order of Commitment Void Where not Sustained by Competent Evidence.

Original habeas corpus proceeding by Guy Foster against the Sheriff of Oklahoma County. Writ awarded.

Frank Burkett, for petitioner.

J. Berry King, Atty. Gen., and Draper Grigsby, Asst. Co. Atty., for respondent.

PER CURIAM. This is an original proceeding in habeas corpus. Petitioner alleges he is unlawfully restrained

Page 20

by the sheriff of Oklahoma county by reason of a charge of adultery before a committing magistrate and a preliminary hearing thereon, upon which petitioner was held for the action of the district court. That there is no legal or competent evidence tending to prove the commission of an offense by petitioner and that he is unlawfully restrained.