Ex Parte Burroughs

Citations

• 133 P. 1142
• 10 Okla. Crim. 87
• 1913 OK CR 262
• 1913 Okla. Crim. App. LEXIS 269

Syllabus

<p>HABEAS CORPUS — Nature—Grounds. The office of the writ of habeas corpus is not to determine the guilt or innocence of the prisoner, and the only issue which it presents is whether or not the prisoner is restrained of his liberty by due process of law; and a defendant, held by virtue of an information preferred by a proper prosecuting officer in a court of competent jurisdiction, cannot be discharged on habeas corpus on the ground that the evidence adduced upon his preliminary examination was insufficient to show that a public offense had been committed, or probable cause to believe the defendant guilty thereof.</p>