Ex parte Hart

Ex parte Hart
1937 OK CR 86
68 P.2d 430
61 Okl.Cr. 347
Decided: 05/14/1937
Oklahoma Court of Criminal Appeals

Original proceeding on the petition of W. H. Hart for writ of habeas corpus. Writ denied.

W. C. Henneberry, for petitioner.

County Attorney, Cole County, Missouri, Sam H. Lattimore, Asst. Atty. Gen., and Fred Cunningham, Pardon and Parole Officer, for the State.

PER CURIAM. The petitioner, W. H. Hart, by an original petition, filed claims that he is restrained of his liberty by A. Garland Marrs, sheriff of Tulsa county, Okla., and Buck Walz, sheriff of Cole county, Mo.; that he is restrained for the State of Missouri on an extradition warrant which alleges that your petitioner, W. H. Hart, committed the crime of selling securities without a license, in the State of Missouri.

Page 348

Petitioner further alleges that his restraint is illegal and unauthorized for the reason that he is not a fugitive from the state of Missouri, and that the complaint upon which the Governor of Oklahoma issued said warrant was not and is not sufficient upon which to issue a warrant. That the said complaint discloses on its face it was not verified on oath and fails to state a crime.

The petitioner appeared by his attorney, W. C. Henneberry; and the sheriffs appeared by the county attorney of Cole county, representing the state of Missouri, and Sam H. Lattimore, Assistant Attorney General, and Fred Cunningham, Pardon and Parole Officer, representing the state of Oklahoma.