Ex parte Long

Ex parte Long
1939 OK CR 57
91 P.2d 100
66 Okl.Cr. 254
Decided: 06/05/1939
Oklahoma Court of Criminal Appeals

Proceeding in the matter of the application of Cicero Long for a writ of habeas corpus to be admitted to bail. Application granted.

Wallace Wilkinson, of McAlester, for petitioner.

Paul Gotcher, Co. Atty., of McAlester, for respondent.

PER CURIAM. The petitioner, Cicero Long, filed in this court June 5, 1939, a petition wherein he alleges that he is unlawfully restrained of his liberty and imprisoned in the county jail of Pittsburg county by Walter Haggard, sheriff of said county, and that his unlawful confinement and detention consists of this, to wit: That, by information filed in the district court of said county, he is charged with the murder of one Gilbert Stewart, alleged to have been committed in said county, on or about the 30th day of April, 1939, by striking the said Gilbert Stewart with a certain club, about twenty-six inches in length, thereby inflicting certain mortal wounds, of which said wounds so inflicted said Gilbert Stewart languished and did die on the 13th day of May, 1939, and on his preliminary examination he was held without bail to the district court of Pittsburg county. That later an application for bail was made to the district judge of said county, which application was denied.

He further alleges that he is not guilty of the crime of murder as charged in the information; that upon the evidence introduced at said preliminary examination, together with the testimony of the petitioner, as a witness in his own behalf before the district court, and the testimony of other witnesses which are presented herewith, it is shown that the proof of his guilt of the crime of murder is not evident nor the presumption thereof great.

Page 255

On this day petitioner being represented by his counsel, Wallace Wilkinson, and the state by Paul Gotcher, county attorney of Pittsburg county, and after hearing the argument of counsel the cause was submitted.