Wisener v. Burrell
Decision Date | 14 April 1911 |
Docket Number | Case Number: 2251 |
Citation | 1911 OK 128,28 Okla. 546,118 P. 999 |
Parties | WISENER, Sheriff, v. BURRELL. |
Court | Oklahoma Supreme Court |
¶0 HABEAS CORPUS--Discharge of Relator--Appeal. An appeal does not lie from an order in habeas corpus, discharging a party held for extradition for a criminal offense.
Error from Superior Court, Muskogee County; Farrar L. McCain, Judge.
Application by Hugh A. Burrell for writ of habeas corpus to John L. Wisener, Sheriff. Relator discharged, and defendant brings error. Dismissed.
E. G. McAdams, for plaintiff in error.
Kistler & Haskell, for defendant in error.
¶1 This case presents error from the superior court of Muskogee county. Defendant in error, being held for extradition for a criminal offense under a warrant in the hands of plaintiff in error, acting as sheriff in that county, secured his release by a writ of habeas corpus issued out of the said court. The sheriff has undertaken to bring the case here for review, to secure a reversal of the judgment discharging his prisoner.
¶2 Three questions of practice going to the jurisdiction of this court are presented by counsel for defendant in error which are: First, that decisions in habeas corpus are not reviewable on error or appeal; second, that the grounds upon which the defendant in error was held were criminal, and that therefore this case is a criminal case, and, if appeal lies, it is to the Criminal Court of Appeals, and not to this court; and, third, that the sheriff has no such interest as will entitle him to maintain an appeal.
¶3 Decisions from appellate courts all over the nation are cited by counsel for both parties to sustain and defeat these various contentions, and an investigation of the authorities shows a sharp conflict among them; but a careful consideration of the reasoning of authorities dealing with the first proposition convinces us that the ground there taken is sound, and that in this state an appeal from a decision in habeas corpus, discharging a person held, as in the case at bar, does not lie. To support this view, attention is called to the following texts and authorities: Church on Habeas Corpus (2d Ed.) § 386; 2 Spelling on Extraordinary Relief, § 1355; Knowlton v. Baker, 72 Me. 202; Mead v. Metcalf, 7 Utah 103, 25 P. 729; In re Barker, 56 Vt. 1; State ex rel. v. Houston, 30 La. Ann. (part 2) 1174; In re Strickland & Alford, 41 La. Ann. 324, 6 So. 577; Ex parte Coston, 23 Md. 271; Howe v. State, 9 Mo. 690; Ferguson v. Ferguson et al., 36 Mo. 197; Ex parte Jilz, 64 Mo. 205, 27 Am. Rep. 218; Hammond v. People ex rel. Vacaro, 32 Ill. 446, 83 Am. Dec. 286; Ex parte Thompson, 93 Ill. 89; Skinner v. Sedgbeer, 8 Kan. App. 624, 56 P. 136; People v. Conant, 59 Mich. 565, 26 N.W. 768; People v. Fairman, 59 Mich. 568, 26 N.W. 769; State v. Grottkau, 73 Wis. 589, 41 N.W. 80, 1063, 9 Am. St. Rep. 816; State v. Miller, 97 N.C. 451, 1 S.E. 776; In re Clasby, 3 Utah 183, 1 P. 852; Wyeth v. Richardson, 10 Gray (Mass.) 240; Ex parte White, 2 Cal. App. 726, 84 P. 242; Ex parte Johnson, 1 Okla. Crim. 414, 98 P. 461. See, also, note to case of Bleakley v. Smart, 74 Kan. 476, 87 P. 76, reported in 11 Am. & Eng. Ann. Cas., at page 129. The foregoing is by no means a complete list of the authorities in support of this proposition, as many additional ones appear in the note referred to and in the cases.
¶4 In the discussion of the case of Ex parte Johnson, supra, Judge Doyle, of the Criminal Court of Appeals of this state, takes note of the fact that no specific provision is made in the statute for appeals in this class of cases, and concludes that, had it been intended to provide for appeals, some proper provision would have been made. Discussing the same, he uses the following language:
¶5 And discussing the same question, Chief Justice Shaw, of the Supreme Judicial Court of Massachusetts, in the case of Wyeth v. Richardson, supra, says:
* * *"
¶6 To the same effect is the language of Chief Justice Smith, of the Supreme Court of North Carolina, in the case of State v. Miller, supra:
"Proceedings under the writ of habeas corpus, which have for their principal object a release of a party from illegal restraint, must necessarily be summary and prompt, to be useful, and, if action could be arrested by an appeal, would lose many of their most beneficial results."
¶7 To the same point, Chipman, P. J., in the case of Ex parte White, supra, said:
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State Of Okla. v. Powell, 106,175.
...have held that no appeal can be taken from a decision in habeas corpus discharging a petitioner restrained of his liberty. Wisener v. Burrell, 1911 OK 128, 28 Okla. 546, 118 P. 999; Parsons v. Childers, 1990 OK CR 16, 789 P.2d 243; Garrett v. Kerner, 1911 OK CR 253, 6 Okla.Crim. 47, 115 P. ......
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Brooks v. Baltz
...into the legality of a petitioner's detention. Application of Caldwell, 1974 OK 93, ¶ 11, 525 P.2d 641, 642-643; Wisener v. Burrell, 1911 OK 128, 118 P. 999, 1000-1001. Apart from exceptions not applicable to this case today, a habeas corpus inquiry is a collateral attack upon an order of t......
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...corpus proceeding, brought by a party imprisoned or restrained of his liberty, no appeal lies to this court. Wisener v. Burrell, 28 Okla. 546, 118 P. 999, 34 L.R.A. (N.S.) 755, Ann. Cas. 1912D, 356; Williams v. Sale et al., 33 Okla. 659, 126 P. 800; Ex parte Johnson, 1 Okla. Crim. 414, 98 P......