Ex Parte Fraley Ex Parte Fraley

109 P. 295 (1910)

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Nature of the Case

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Facts

Fraley (D) had a son who was shot and killed nine months previously. The person who was charged with the murder was acquitted. The deceased, Dan Parker, was in front of a drug store in the city of Pawhuska engaged in conversation with some gentleman beside him. D came around the corner, walked up in front of the deceased, said 'Hello, Dan,' and without further warning immediately fired two shots into the deceased in quick succession; that the deceased jumped up, threw up his hands, staggered, and fell off the sidewalk. D walked around an obstruction and fired four more shots into the deceased walked off, and after going some distance, turned and came back, and putting his pistol close to the head of the deceased, snapped it a time or two and said: 'You damned son of a bitch, I told you I'd kill you; you killed my boy.' This was witnessed by seven people. D was arrested, and the court denied D bail, and D applied for habeas corpus.