Ex Parte Payton

The .petitioner herein was found guilty in the district .court of .Oklahoma county of the crime of robbery with firearms, and sentenced to serve a term of five years in the state penitentiary.

Thereafter the defendant attempted to appeal said cause to the criminal court of appeals, but the appeal was dismissed for the reason same had not been filed within time as provided by law, and upon the dismissal of said appeal this court, on October 6, 1928, rendered an opinion, dismissing' said appeal and remanding the case to the district court, with instructions to enforce the judgment.

Thereafter the…