Application of Odom

BRETT, Judge.

This is an original petition for habeas corpus brought by Berlin Acey Odom wherein he complains he is unlawfully restrained of his liberty by the Warden of the Oklahoma State Penitentiary. The restraint is by reason of a judgment and sentence entered against him on a charge of obtaining money or property by false pretenses, 21 O.S.1951 § 1541, for which he was sentenced to the penitentiary for a term of one year.

He complains he was not extradited from Kansas as by law provided; that he was compelled to answer a charge to a nonexistent crime on what he designates as a civil…