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McKINLEY v. JOHNSON

No. A-13684.

401 P.2d 1007 (1965)

Howard McKINLEY, one and the same person as Emory Howard McKinley, and as Emory H. McKinley, Petitioner, v. Earl E. JOHNSON, Justice of the Peace and Committing Magistrate of Grady County, State of Oklahoma, Respondent.

Court of Criminal Appeals of Oklahoma.

May 12, 1965.

Attorney(s) appearing for the Case

Milton Keen, Oklahoma City, for petitioner.

Clarence Mahar, County Atty., Grady County, Chickasha, for respondent.

BRETT, Judge.

This is a matter in which Howard McKinley originally filed a petition for writ of habeas corpus, in which he alleged that he was being restrained of his liberty and was unlawfully imprisoned in the county jail of Grady County, Oklahoma. Two felony charges had been filed against petitioner, one for attempted burglary after former conviction of a felony; and the second, possession of burglary tools after former conviction of burglary.

Petitioner...

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