Ex Parte Gardner

Petitioner alleges that he is unlawfully restrained of his liberty by the warden of the state penitentiary; that in May, 1913, he was charged in Pottawatomie county with the crime of murder; that he entered a plea of guilty and was sentenced to imprisonment for life; and that he has served since said time. He alleges that before entering his plea of guilty he was made to believe by the county attorney if he would plead guilty he would not receive a sentence of more than five years. That he did not have counsel of his own choosing but relied upon the county attorney, that the court did not…