Ex parte Ellis
| Decision Date | 18 March 1908 |
| Parties | Ex parte ELLIS. |
| Court | Oklahoma Supreme Court |
Syllabus by the Court.
An indictment for the crime of larceny and receiving stolen property, returned by a grand jury of the Western district of the Indian Territory prior to the admission of said territory into the Union as a part of the state of Oklahoma, charging that said offense had been committed within said district on the 13th day of November, A. D. 1907, is cognizable in the district court of the state in the county in which the offense was committed.
Application of L. L. Ellis for writ of habeas corpus. Writ denied.
On the 15th day of November, A. D. 1907, just prior to the admission of the state into the Union, the grand jury for the Western district of the Indian Territory returned an indictment into the United States court in said district at Muskogee against the relator, charging him with having committed the crime of larceny and receiving stolen property in said district on the 13th day of said month. On the same date said relator was apprehended by virtue of a bench warrant issued on said indictment, and incarcerated in the federal jail at Muskogee. And thereafter, on the 3d day of December, A. D. 1908, the relator made application before the judge of the District Court of the United States for the Eastern District of the state of Oklahoma, at Muskogee. Said relator on the 4th day of December, 1907, was brought before said judge by the marshal of said district, and, as a return to said writ showed that he held the relator by virtue of a commitment duly issued on said indictment. Said judge held that the United States court for said district (1) had no jurisdiction to finally determine said cause; (2) that relator was charged with a crime, and should not be released; (3) that the district court for the county of Muskogee of the Third judicial district of the state of Oklahoma had jurisdiction to hear and try and finally determine the charge against relator; (4) that the marshal should deliver him to said district trial court, etc. On the 5th day of said month relator was delivered to the sheriff of said county, and on the same date his petition for writ of habeas corpus was filed with said state court, praying that, if said state court should take jurisdiction, bail should be allowed, but if said court should not take jurisdiction for such purpose it should...
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