280 P. 409 | Okla. | 1929
Petitioner represents that he is restrained of his liberty by unlawful imprisonment at Pawhuska, Okla., by Harve Freas, sheriff of Osage county, and that such restraint is based upon a bench warrant issued out of the district court of said county; that he was convicted of the crime of manslaughter and on the 2nd day of December, 1924, judgment and sentence was made and entered against him, whereby he was ordered to be confined in the penitentiary of the state of Oklahoma for a period of five years: that petitioner appealed said cause to the Criminal Court of Appeals, (Pennequine v. State [Okla. Cr.]
We cannot know the contents of the executive order, for the same is not set out. Nor can we assume to know the force of the bench warrant without a particular examination. Speculation as to the possibility of the executive order merely staying transmission of the petitioner to the penitentiary under judgment and sentence is not necessary in view of the fact that by the terms pleaded, the last executive order has expired, thus leaving in force warrant and authority for detention of the petitioner. The writ is denied.
MASON, C. J., LESTER, V. C. J., and CLARK, HEFNER, CULLISON, and ANDREWS, JJ., concur.