(Syllabus.)

Habeas Corpus-Petition Denied Where Response to Writ Showed Petitioner Was Discharged From Custody Prior to Service of Rule to Show Cause. Where the response to a writ of habeas corpus reveals that petitioner has been discharged from custody prior to the service of the rule to show cause, there is nothing before the court for adjudication, and the petition for writ of habeas corpus will be denied.

Habeas, corpus proceeding by Clarence R. Green, against Frank Smith to obtain release from custody. Petition for writ denied.

Earl E. James, of Oklahoma City, for plaintiff.

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Mac Q. Williamson, Atty. Gen., for defendant.

PER CURIAM. The petitioner, Clarence R. Green, filed in this court a petition for writ of habeas corpus on February 24, 1943, alleging that he was unlawfully restrained of his liberty by Frank Smith, Chief of Police of Oklahoma City. A response to the petition was filed on the 26th day of February, 1943, in which it is set up that petitioner was released from custody on the 25th day of February 1943, at the hour of about 8:30 am., and about one hour before, the writ to, show cause was received by respondent.

It therefore appears that petitioner, having theretofore been discharged, that it is unnecessary to assume jurisdiction in this case.

For the reasons stated, the petition for writ, of habeas corpus is denied.