Ex parte Beshirs
| Decision Date | 11 November 1915 |
| Docket Number | 2548. |
| Parties | EX PARTE BESHIRS. |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
Syllabus by Editorial Staff.
In a proceeding by petitioner for a writ of habeas corpus to secure his admission to bail on the charge of homicide evidence introduced upon the preliminary examination held not to warrant denial of bail on the ground that the proof was evident or the presumption great that a capital offense had been committed, but to indicate that petitioner was guilty only of manslaughter.
Where a weapon used in killing a person was not a deadly weapon, the killing was manslaughter, unless there was an actual intent and premeditated design to effect death.
Petition of Aaron Beshirs, Jr., for writ of habeas corpus to be let to bail. Petitioner ordered admitted to bail.
On petition for habeas corpus to secure admission to bail on charge of homicide, evidence introduced upon preliminary examination held to indicate that petitioner was guilty only of manslaughter authorizing admission to bail.
McPherren & Cochran, of Durant, for petitioner.
This is a petition for writ of habeas corpus by Aaron Beshirs, Jr. to be let to bail. Petitioner avers that he is unlawfully imprisoned and restrained of his liberty by John Phillips sheriff of Bryan county; that the cause of such restraint is that on a preliminary examination he was held to answer to the district court of Bryan county on a charge of murder. Attached to the petition is a copy of the evidence taken upon the preliminary examination, which shows that the petitioner is a boy 18 years of age; that on or about the 15th day of September, 1915, the petitioner while in an intoxicated condition struck the deceased with an empty bottle once upon the head from the effect of which blow the deceased died the following day; that shortly before the blow was inflicted the petitioner and the deceased were friendly; that nothing was said or occurred between them except that the petitioner as he rode along behind Walter Smith, the deceased, said in substance that the brother of the deceased had tried to whip petitioner, but could not do so, and that petitioner could whip them both.
In petitioner's affidavit he states:
"That at the time it is claimed that he struck the said Walter Smith with a bottle affiant had no intention of inflicting any injury of any kind on him, and at no time had any intention of...
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