Ex parte Jackson

Ex parte Jackson
1936 OK CR 132
62 P.2d 661
60 Okl.Cr. 209
Decided: 11/23/1936
Oklahoma Court of Criminal Appeals

(Syllabus.)

Habeas Corpus -- Prisoner Held Entitled to Discharge Under Writ for Lack of Evidence Tending to Show Him Guilty of Embezzlement.

Petition by Ray Jackson for a writ of habeas corpus. Writ awarded.

L.A. Justus, Jr., for petitioner.

Mac Q. Williamson, Atty. Gen., and Sim T. Carman, County Atty., for the State.

PER CURIAM. This is an original petition filed by Ray Jackson, in which he alleges he is restrained of his

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liberty by R.B. Conner, sheriff of Osage county, in the county jail of Osage county.

Petitioner further states that he filed a petition in the district court of Osage county, and that the said petition was denied. That upon a preliminary hearing had before a justice of the Peace there was no evidence introduced which showed or tended to show in any manner that an offense had been committed by the petitioner, or that any offense had been committed against the laws of the state of Oklahoma. That there is no evidence introduced tending to show probable cause or belief that he had committed a crime, but that all the evidence at the preliminary trial hearing affirmatively and conclusively shows that the money alleged to have been embezzled was the property of the petitioner and that the crime of embezzlement had not been committed by this petitioner.