Ex Parte Hollins

1 Citing case

  1. Hollins v. State

    56 Okla. Crim. 275 (Okla. Crim. App. 1934)   Cited 8 times

    After the amended information had been filed, defendant applied to this court for a, writ of habeas corpus, alleging that because the court had sustained a demurrer to the information and had not ordered an amended information filed and because the county attorney had moved to dismiss the proceedings in Okmulgee county and the court had so ordered, the sustaining of the demurrer was a bar to further prosecution and the Okmulgee court was without jurisdiction to proceed any further. Upon a hearing, this court denied the writ and directed the court clerk of Creek county to transmit the amended information and all other papers and records in his custody to the court clerk of Okmulgee county and directed the district court of Okmulgee county to proceed with the trial of the case in accordance with the court's order in that case. Ex parte Hollins, 56 Okla. Cr. 284, 38 P.2d 35. When the case was called for trial in Okmulgee county, defendant raised the same questions that had been raised in the second habeas corpus proceeding, but in accordance with the order of this court the objections were denied and the case proceeded to trial.