Ex parte Kincade

• Decision Date: 19 September 1944
• Docket Number: 31584.
• Citation: 151 P.2d 796,194 Okla. 356,1944 OK 245
• Parties: Ex parte KINCADE.
• Court: Oklahoma Supreme Court

151 P.2d 796

194 Okla. 356, 1944 OK 245

Ex parte KINCADE.

No. 31584.

Supreme Court of Oklahoma

September 19, 1944

Syllabus by the Court.

An appeal does not lie to this court from an order of the district court in a habeas corpus proceeding remanding a party to the custody of a state institution for the incarceration of insane persons, where the proceedings committing such person are regular on their face, and where the grounds for such discharge are that petitioner is no longer insane.

Appeal from District Court, Craig County; N. B. Johnson, Judge.

Habeas corpus proceeding by Batia Kincade to obtain release from a hospital for the insane. From an order denying his petition petitioner appeals and asks that, in event appeal be dismissed, appeal be treated as an original petition for writ of habeas corpus.

Appeal dismissed and writ of habeas corpus denied.

Edw. H Brady, of Vinita, for petitioner.

Randell S. Cobb, Atty. Gen., and Paul Pugh, Asst. Atty. Gen., for F M. Adams, Superintendent of Eastern Oklahoma Hospital at Vinita, Okl.

PER CURIAM.

This is an attempted appeal from an order of the district court of Craig County, denying the application of petitioner, Batia Kincade, for a writ of habeas corpus to discharge him from the custody of Eastern Oklahoma Hospital in which institution petitioner has been confined for several years, pursuant to commitment by the County Court of Adair County adjudging him insane. While there is the allegation that the proceedings committing said petitioner to said institution are void on the face of the record, said proceedings are attached to the petition herein and same appear regular.

The attempted appeal herein must be dismissed under the cases of Wisener, Sheriff, v. Burrell, 28 Okl. 546, 118 P 999, 34 L.R.A.,N.S., 755, Ann.Cas.1912D, 356, and Ex parte Logan, 33 Okl. 659, 126 P. 800, and Jamison v. Gilbert et ux, 38 Okl. 751, 135 P. 342, 47 L.R.A.,N.S., 1133, and other cases by this court.

Petitioner asks that, in the event the appeal is dismissed, we treat this appeal as an original petition for a writ of habeas corpus out of this court. But under the record and facts presented by petitioner as disclosed by the record on appeal it does not appear that he is now sane, and it does not appear that petitioner is entitled to be released from custody and the petition for a writ of habeas corpus under the original jurisdiction of this court is hereby...