Ex parte McLendon

Ex parte McLendon
1947 OK CR 60
181 P.2d 295
84 Okl.Cr. 252
Decided: 05/21/1947
Oklahoma Court of Criminal Appeals

(Syllabus.)

Habeas Corpus-Bail of $10,000 Allowed on Application for Writ of Habeas Corpus.

Proceeding in the matter of the application of Claude McLendon for writ of habeas corpus to be released from the jail of Choctaw county, Okla., or granted bail in a reasonable sum. Writ granted and bail allowed.

O. A. Brewer, of Hugo, for petitioner.

Mac Q. Williamson, Atty. Gen., and Sam H. Lattimore, Asst. Atty. Gen., for the State.

BRETT, J. The petitioner, Claude McLendon, was charged in Choctaw county, Okla., with the crime of murder. At the preliminary examination he was held to the district court without bail and an information was filed in the district court of Choctaw county, Okla.

Application was made to the district court of Choctaw county for writ of habeas corpus and hearing had thereon, on March 19, 1947, and the petitioner denied bail and he is now confined in the county jail of Choctaw county, Okla.

Page 253

He has filed his application in this court for writ of habeas corpus, stating that he is not guilty of the homicide as charged, and that the proof of his guilt of the charge of murder is not evident nor the presumption thereof great.