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SMITH v. WATERS

No. A-11605.

95 Okla. Cr. 279 (1952)

244 P.2d 1150

SMITH v. WATERS, Warden.

Criminal Court of Appeals of Oklahoma.

May 21, 1952.

Attorney(s) appearing for the Case

W.L. Steger and James E. Douglas, Durant, for petitioner.

Mac Q. Williamson. Atty. Gen., and Lewis A. Wallace, Asst. Atty. Gen., for respondent.

POWELL, J.

This is an original action in habeas corpus instituted by the petitioner, Clyde Smith, to secure his release from confinement in the State Penitentiary.

The verified petition filed herein alleges that on July 15, 1940, the petitioner was taken into custody and confined in the county jail at Hugo, Oklahoma, until August 1, 1940, and he was then transferred to the county jail at Antlers, Pushmataha county. On August 6, 1940, and within a period of...

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