(Syllabus.)

Habeas Corpus-Moot Case Dismissal. Where defendant is not restrained of his liberty, habeas corpus will not lie.

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Original proceeding in the matter of a petition for a writ of habeas corpus by Henry G. Bennett to be discharged from custody. Petition dismissed.

See also, 81 Okla. Cr. 351, 162 P.2d 561.

F. A. Rittenhouse, of Oklahoma City, Swank & Swank, of Stillwater, Blakeney & Blakeney, of Oklahoma City, Ownby & Warren, of Tulsa, Welch & Welch, of Madill, and W. Hendrix Wolf and John Monk, both of Stillwater, for petitioner.

Randell S. Cobb, Atty. Gen., E. J. Broaddus, Asst. Atty. Gen., and Dixie Gilmer, Co. Atty., and M. S. Simms

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and John L. Ward, Jr., Asst. Co. Attys., of Tulsa County, all of Tulsa, for respondents.

PER CURIAM. The question herein involved is moot, because the defendant was released from custody prior to the hearing.

It is therefore ordered that the case be and the same is hereby dismissed.