(Syllabus.)

Habeas Corpus-Moot Question-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 Willis L. Smith to be discharged from custody. Petition dismissed.

Keaton, Wells & Johnston, of Oklahoma City, and Hudson & Hudson, of Tulsa, for petitioner.

Randell S. Cobb, Atty. Gen., E. J. Broaddus, Asst. Atty. Gen., and Dixie Gilmer, Co. Atty., and M. S. Shums and John L. Ward, Jr., Asst. Co. Attys, all of Tulsa, for respondent.

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.