Ex Parte Allen

This is an original proceeding in habeas corpus brought by petitioner, Alva Milton Allen, in' proper person. The petition alleges that he was convicted in the district court of Creek county, Okla., and sentenced to serve a term of three years in the state penitentiary, and $73.90 costs taxed against him; that he was received at the penitentiary March 12, 1931, and began serving his sentence; that he escaped from the penitentiary July 30, 1931, and was returned to the penitentiary November 21, 1931, and has been in custody of the warden of the penitentiary continuously since that time; at the…