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Ex Parte Bennett

Criminal Court of Appeals of Oklahoma
Oct 11, 1945
162 P.2d 588 (Okla. Crim. App. 1945)

Opinion

No. A-10462.

October 11, 1945.

(Syllabus.)

Habeas Corpus — Moot Case — Dismissal. Where defendant is not restrained of his liberty, habeas corpus will not lie.

Original proceeding in the matter of a petition for a writ of habeas corpus by Henry G. Bennett to be discharged from custody. Petition dismissed.

See also, 81 Okla. Cr. 351, 162 P.2d 561.

F. A. Rittenhouse, of Oklahoma City, Swank Swank, of Stillwater, Blakeney Blakeney, of Oklahoma City, Ownby Warren, of Tulsa, Welch Welch, of Madill, and W. Hendrix Wolf and John Monk, both of Stillwater, for petitioner.

Randell S. Cobb, Atty. Gen., E. J. Broaddus, Asst. Atty. Gen., and Dixie Gilmer, Co. Atty., and M. S. Simms and John L. Ward, Jr., Asst. Co. Attys., of Tulsa County, all of Tulsa, for respondents.


The question herein involved is moot, because the defendant was released from custody prior to the hearing.

It is therefore ordered that the case be and the same is hereby dismissed.


Summaries of

Ex Parte Bennett

Criminal Court of Appeals of Oklahoma
Oct 11, 1945
162 P.2d 588 (Okla. Crim. App. 1945)
Case details for

Ex Parte Bennett

Case Details

Full title:Ex parte HENRY G. BENNETT

Court:Criminal Court of Appeals of Oklahoma

Date published: Oct 11, 1945

Citations

162 P.2d 588 (Okla. Crim. App. 1945)
162 P.2d 588

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