Ex parte Simpson

Ex parte Simpson
1937 OK CR 85
68 P.2d 118
67 Okl.Cr. 270
Decided: 05/14/1937
Oklahoma Court of Criminal Appeals

Original proceeding on the petition of Dean Simpson for writ of habeas corpus. Writ denied.

W. C. Henneberry, of Tulsa, for petitioner.

Carl F. Wymore, Co. Atty., Cole County, Mo., Sam H. Lattimore, Asst. Atty. Gen., and Fred Cunningham, of Oklahoma City, for the State.

PER CURIAM. The petitioner, Dean Simpson, by an original petition filed, claims that he is restrained of his liberty by A. Garland Marrs, sheriff of Tulsa county, Okla., and Buck Walz, sheriff of Cole county, Mo.; that he is restrained for the state of Missouri on an extradition warrant which alleges that your petitioner, Dean Simpson, committed the crime of selling securities without a license, in the state of Missouri.

Petitioner further alleges that his restraint is illegal and unauthorized for the reason that he is not a fugitive from the state of Missouri, and that the complaint upon which the Governor of Oklahoma issued said warrant was not and is not sufficient upon which to issue a warrant. That the said complaint discloses on its face it was not verified on oath and fails to state a crime.

The petitioner appeared by his attorney, W. C. Henneberry; and the sheriffs appeared by the county attorney of Cole county, Mo., and Sam H. Lattimore, Assistant Attorney General, and Fred Cunningham, Pardon and Parole Officer, representing the state of Oklahoma.

It appearing to the court that the petition upon which the extradition warrant was issued was not properly sworn to or verified as required by law, the case was continued until May 14, 1937, at 10 o'clock a.m. On said

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