In re Habeas Corpus of Factor

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In re Habeas Corpus of Factor
1935 OK CR 135
50 P.2d 1149
58 Okl.Cr. 107
Decided: 10/11/1935
Oklahoma Court of Criminal Appeals

Petition for habeas corpus of Jim Factor, charged with murder, to be admitted to bail. Writ denied.

John M. Stanley, for petitioner.

Mac Q. Williamson, Atty. Gen., and Smith C. Matson, Asst. Atty. Gen., for the State.

PER CURIAM. Petitioner, Jim Factor, filed his duly verified petition in this court on August 6, 1935, alleging that he was improperly imprisoned in the county jail of

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Seminole county by the sheriff of said county; that to the best of his knowledge and belief he is held in default of bail on a charge of murder; that he had a preliminary hearing before a justice of the peace of said county on the 17th day of May, 1935, and was held to await the action of the district court of Seminole county without bond.

Petitioner further alleges that proof of guilt is not evident nor the presumption thereof great; that he is not guilty of murder, nor does the evidence taken at said preliminary so show or indicate. Attached to the petition is a transcript of the testimony taken at the preliminary hearing.

Petitioner further alleges that he has applied to Hon. H.H. Edwards, district judge of Seminole county, praying that he be admitted to bail, but that the said district judge upon the hearing had denied him bail and remanded him to the sheriff of Seminole county.