In re Green

In re Green
1943 OK CR 84
140 P.2d 245
77 Okl.Cr. 157
Decided: 07/21/1943
Oklahoma Court of Criminal Appeals

(Syllabus.)

Habeas Corpus-Petition Denied Where Response to Writ Showed Petitioner Was Discharged From Custody Prior to Service of Rule to Show Cause.

Habeas, corpus proceeding by Clarence R. Green, against Frank Smith to obtain release from custody. Petition for writ denied.

Earl E. James, of Oklahoma City, for plaintiff.

Page 158

Mac Q. Williamson, Atty. Gen., for defendant.

PER CURIAM. The petitioner, Clarence R. Green, filed in this court a petition for writ of habeas corpus on February 24, 1943, alleging that he was unlawfully restrained of his liberty by Frank Smith, Chief of Police of Oklahoma City. A response to the petition was filed on the 26th day of February, 1943, in which it is set up that petitioner was released from custody on the 25th day of February 1943, at the hour of about 8:30 am., and about one hour before, the writ to, show cause was received by respondent.

It therefore appears that petitioner, having theretofore been discharged, that it is unnecessary to assume jurisdiction in this case.