Schechter v. Waters, Warden

PICKETT, Circuit Judge.

This is an appeal from an order discharging a writ of habeas corpus and denying the appellant the relief prayed for. Petitioner, Roy Schechter, is an inmate of the Oklahoma State Penitentiary serving a fifteen year sentence which was imposed under the habitual criminal statute of Oklahoma. The basic charge in the information under which the petitioner was sentenced was that of second degree burglary. To authorize sentence under the Oklahoma habitual criminal statute it was alleged that the accused had been theretofore convicted of a felony.

It is contended that the…