Ex parte Stewart

Ex parte Stewart
1941 OK CR 95
115 P.2d 258
72 Okl.Cr. 282
Decided: 07/02/1941
Oklahoma Court of Criminal Appeals

(Syllabus.)

Bail-Right to Bail Where Murder Charged.

Proceeding in the matter of the application for habeas corpus by Swinburn J. Stewart, Jr., to be admitted to bail. Bail allowed.

J. B. Dudley, of Oklahoma City, and Fred B. Cornels, of Sayre, for petitioner.

Mac Q. Williamson, Atty. Gen., Sam H. Lattimore, Asst. Atty. Gen., and Jim Ted Robinson, Co. Atty., of Sayre, for the State.

PER CURIAM. The application of petitioner, Swinburn J. Stewart, Jr., for writ of habeas corpus was filed in this court on the 18th day of June, 1941. It was alleged in said petition that petitioner was confined in the county jail of Beckham county by Earl Francis, the sheriff of said county. That he was charged by information with the murder of Swinburn J. Stewart, Sr. That he filed in the district court of Beckham county an application before Judge T. R. Wise, district judge, for bail pending trial of petitioner in the district court of said county,

Page 283

and that bail had been denied. Wherefore, he prayed that a writ of habeas corpus issue directing the sheriff of Beckham county to have the body of petitioner before this court for the purpose of determining whether he was entitled to bail pending trialin the district court. Attached tot he petition was a transcript of proceedings and evidence taken at the preliminary hearing in the justice of the peace court and at the hearing before the district court on the application to be allowed bail and for the return of the petitioner from the penitentiary at McAlester, where he had been taken, to Beckham county. An order to show cause was entered and a haring on the petition was had before this court on the 24th day of June, 1941.