In Re Smith

1 This is an original verified petition for habeas corpus for bail and an amended verified supplement thereto alleging denial of due process of law, brought by Robert Arthur Smith, as petitioner, through counsel, Ralph Samara, of Oklahoma City, Oklahoma. The petition, as amended, alleges, in substance, that the petitioner is being unlawfully held without bail on the charges by information of having committed murder in two cases, pending in the District Court of Woodward County, Oklahoma, the same being No. 1531 and No. 1532, respectively. It is further alleged that because of the tender age of the petitioner, he being of the age of 12 years and 9 months, the petitioner was unable to distinguish right from wrong and appreciate the consequences of his acts. Further, it is alleged that the petitioner was adjudged a juvenile delinquent on March 27, 1958, in the Juvenile Court of Woodward County, in an irregular unconstitutional proceeding where the petitioner was denied the right of confrontation of witnesses against him in that unsworn statements were received against him. Moreover, he asserts no sworn testimony was heard on the issue of his mental capacity, no medical examination was had of petitioner to aid the Juvenile Court in its determination thereof, and that the courts finding of juvenile delinquency and of legal capacity is unsupported by any competent evidence sufficient to sustain the same. It is further alleged, that the petitioner, because of his tender years, would not receive the death penalty or life imprisonment. He then urges the petitioner was denied the right of trial by jury as provided by statute, 10 O.S. 1951 ? 102 [10-102], and no official transcript was made thereof, said hearing being informally conducted. In substance, the petitioner prayed for dismissal of the criminal charges in the District Court for lack of jurisdiction and his return to the custody of the Juvenile Court for guidance and rehabilitation.