Ex Parte Whitson

Roy Whitson filed in this court by mail his petition for writ of habeas corpus, wherein he avers that he is unlawfully restrained of his liberty by J. P. Dunn, warden of the state penitentiary at McAles-ter, at the subprison in Stringtown without authority of law except commitment from a court in Tulsa county.

Petitioner avers that his conviction was without due process of law as provided in Amendment V of the Constitution of the United States, providing:

“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury.” And…