Ex parte RAY

Ex parte RAY
1935 OK 273
42 P.2d 234
171 Okla. 154
Case Number: 22768
Decided: 03/19/1935
Supreme Court of Oklahoma

Ex parte RAY.

Syllabus

¶0 HABEAS CORPUS--Writ Denied Where Application Shows Court Had Jurisdiction to Enter Order of Commitment.
Where it appears on the face of the application that the court below had jurisdiction to enter the order committing the prisoner a writ of habeas corpus will be denied.

Original proceedings by Frank Ray for writ of habeas corpus. Writ denied.

C. R. Reeves, for petitioner.

PER CURIAM.

¶1 The application was filed herein August 26, 1931, and alleges that the petitioner is illegally restrained by the sheriff of Stephens county.

¶2 The state has offered no brief in this case and the court has had to satisfy itself as to the legality of the order without assistance from the county of Stephens or its proper officers. However, the application shows on its face that the court properly entered its order of commitment. See Ex parte Bowes, 8 Okla. Crim. 201, 127 P. 20, and cases following it.