TERRITORY OF OKLAHOMA v. ALLEN

TERRITORY OF OKLAHOMA v. ALLEN
1905 OK 59
82 P. 575
15 Okla. 421
Decided: 09/05/1905
Supreme Court of Oklahoma

Supreme Court of the Territory of Oklahoma.

TERRITORY ex rel. THACKER, Co. Atty.,
v.
ALLEN et al.

Sept. 5, 1905.

Syllabus by the Court.

¶0 Under the provisions of section 633 of our Code of Criminal Procedure (Wilson's Rev. & Ann. St. 1903, § 5769), bail is permitted to be taken only by the persons or courts authorized by law to arrest and imprison offenders. Hence the judge of the district court is authorized to take and approve bail in a criminal case.

Chas. M. Thacker, Co. Atty., for plaintiff in error.
J. L. Carpenter and T. M. Robinson, for defendants in error.

HAINER, J.

¶1 The facts in this case are identical with those in the case of Territory ex rel. Thacker, County Attorney, v. Allen et al. (No. 1,596, decided in this term of the court)

¶2 Reversed and remanded, at the costs of the defendants in error.

¶3 All the Justices concurring.