282 P. 684 | Okla. Crim. App. | 1929
This is an original proceeding in habeas corpus. Petitioner in substance alleges that he is restrained by the sheriff of Craig county in the county jail and that said restraint is without authority of law; that petitioner was charged with robbery by firearms before the county judge of said county, sitting as a magistrate. A preliminary examination was had, and the principal evidence against petitioner was the testimony of an accomplice; that there was no sufficient corroboration of the testimony of the accomplice to show sufficient cause. It is admitted before this court that the crime of robbery with firearms of the First State Bank of Centralia was committed as charged, that the testimony of one Charles Emick is that the petitioner with said Emick and one Dick Gregg and Herman Willison committed the robbery. There was testimony by other witnesses which petitioner contends is not sufficient under section 2701, Comp. St. 1921, which provides that a conviction cannot be had upon testimony of an accomplice unless corroborated. The state asserts that the corroboration is sufficient.
Prior to the filing of the petition for a writ of habeas corpus in this court, an information based on the preliminary had been filed in the district court of Craig county. It has been the uniform holding of this court that where an accused has had a preliminary examination and a finding of sufficient cause has been made by the examining magistrate and by him transmitted to the district court and an information there filed, a defendant cannot resort to the writ of habeas corpus on the ground that the evidence adduced at the preliminary examination was insufficient *213
to show that a felony had been committed or that there was sufficient cause for believing the defendant guilty thereof. Ex parte Burroughs,
An examination of the transcript of the testimony taken at the preliminary attached to the petition discloses that it contains some evidence other than that of the accomplice tending to connect the defendant with the commission of the offense charged. We do not determine its sufficiency to sustain a conviction upon final trial. It is well settled that in a preliminary examination it is unnecessary that the evidence be sufficient to support a conviction. It is enough if it shows an offense was committed and that there is sufficient cause to believe the defendant guilty thereof. Ex parte Roberts,
The writ is denied.
DAVENPORT and CHAPPELL, JJ., concur.