Fraley (defendant) saw Parker outside a drug store talking to a group of other men. Fraley approached Parker, greeted him, and immediately shot him twice. Parker fell, and Fraley walked around to where he was lying and shot him four more times. Fraley then left the scene, but after walking some distance, returned and aimed his pistol close to Parker’s head, snapped it and said, “You damned son of a bitch! I told you I’d kill you. You killed my boy.” Parker had allegedly killed Fraley’s son 9 or 10 months before, but was acquitted. Fraley claimed that, upon seeing Parker, he was reminded of his son’s death and was overtaken by a heat of passion, under which he committed the killing. Fraley was charged with murder and after a preliminary hearing, he filed a writ of habeas corpus with the Oklahoma Criminal Court of Appeals requesting that he be released on bail pending trial in the county court.