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BERKIHISER v. STATE

Nos. A-11205, A-11301.

92 Okla. Cr. 31 (1950)

219 P.2d 1020

BERKIHISER v. STATE.

Criminal Court of Appeals of Oklahoma.

July 5, 1950.

Attorney(s) appearing for the Case

Richard K. Harris and Chester A. Brewer, Bartlesville, for plaintiff in error.

Mac Q. Williamson, Atty. Gen., and Lewis A. Wallace, Asst. Atty. Gen., and J.D. Plunkett. Co. Atty., Washington County, Bartlesville, for defendant in error.

JONES, P.J.

Floyd E. Berkihiser filed his petition for habeas corpus alleging that he had been illegally restrained without trial in the county jail of Washington county for 14 months. A response was filed on behalf of the sheriff in which it was alleged that the defendant had been incarcerated a part of said time in the Eastern Oklahoma Hospital for the Insane at the request of defendant's mother and his two attorneys, and that he had not been tried at the July,...

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