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PairsiBid for Freedom Fails ..The criminal court of appealsWednesday denied a writ of habeas corpus for Charles Ray Kit-trell and Wallace Everett Truax, held in the Oklahoma county jail on three charges of armed robbery.The suspects sought freedom ongrounds they had been denied aspeedy hearing.The application for a writ alleged the state had agreed to dismiss charges if it did not present material evidence at a preliminaryhearing that had been continueduntil October 9.It alleged that at the October 9 hearing, an accomplice, Loren H. Grassce, changed his testimony and implicated the defendants and the case was continued until October 16 so that the state might locate a corroborating witness.On that date, the defendants continued, the state dismissed allarmed robbery charges and then refiled them before Wendell Foster, justiee- of the-peacor--......................The state, in a response filed with the appeals court, said that.at all times there had been a hold*order from the pardon and papole board and also a hold order,from Logan county on a charge of bur-1 glary.In its opinion, the court said all persons charged with crime, are entitled to a speedy hearing after being taken into custody. But it; said in the case before it the state needed corroborating evidence and was trying to locate certain witnesses that were eventually located.If prompt application had been made to this court, if a speedy hearing could not have been had, a writ would probably have been granted, and consideration given to turning the petitioners over to I the Logan county officers, nr others placing a hold order,” the court said.Under the circumstances, however , wedo hot. think petitioners are entitled to be discharged. The state was entitled to dismiss the charges without prejudice if the evidence was insufficient, but was entitled to refile when corroborating witnesses would be located, where the statute of limitation had not run, and prejudice had not attached. Speedy hearings are now assured.”In other opinions Wednesday, the court upheld drunk driving convictions for Robert Bartow Vincent,Osage county, and Richard Eugene Putnam, Washington county. Putnam was sentenced to one year in the state penitentiary on a second offense charge.The court Wednesday also denied an application for a writ of habeas corpus filed by Charner M. | Tidwell for release from the state Ipenitentiary.
Newspaper Details
Oklahoma City Daily Oklahoman
Oklahoma City, Oklahoma, US
Thu, Nov 07, 1957
Page 2
Full Page
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Anonymous
AU 10 Mar 2019
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