Reed had the best of the fight, and was on top Smith being on the ground. Affiant states that the trouble came up by a fight between Reed and Jeff Smith. That on the 15th day of November, 1908, he was a resident of Wetumka, Okla., and was present on the streets at the time of the difficulty between Reed, Tabner and Jeff and Ben Smith. His post office address is Keystone, Okla., and is a saddle and harness maker. Lumley who states that he is of the age of 29 years. These affidavits, omitting irrelevant statements, are as follows: With the permission of the court, and by agreement of counsel, the case was submitted upon affidavits filed by the respective parties. The return of the sheriff was in keeping with the above statement of facts. The writ of habeas corpus was issued as prayed for.
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This application for bail was based upon two grounds: First, that the proof was not evident, nor the presumption great, that the defendant was guilty of murder, and that therefore under our Constitution he was entitled to bail pending his final trial second, that defendant is afflicted with tuberculosis and that his condition is such that further confinement in jail will greatly endanger his life. On the 15th of January, 1908, defendant applied to this court for a writ of habeas corpus in order that he might obtain bail pending his final trial on said charge of murder. John Caruthers, judge of the district court, for a writ of habeas corpus, in order that he might be admitted to bail on the saidĬharge of murder. The defendant waived a preliminary examination, and was committed to jail without bail, to await trial upon the charge of murder. Smith (hereinafter called defendant) shot and killed John Tabner in Wetumka, in Hughes county. On the 15th day of November, 1908, Jeff D. Smith for a writ of habeas corpus to be admitted to bail. BAIL Right to Release Reasonable Doubt of Guilt. HABEAS CORPUS Admission to Bail Burden of Proof.Ģ.
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