Ex Parte Smith

This is an original action in habeas corpus instituted by the petitioner L. L. (Joe) Smith to secure Ms release from confinement in the State Penitentiary.

The petitioner, age 44, entered a plea of guilty in the district court of Oklahoma county on May 12, 1938, to an information charging him with the crime of murder, alleged to have been committed on December 25, 1930. The information charged the petitioner jointly with Ted Geariepy with having taken the life of Pat J. Durkin. The co-defendant Geariepy was apprehended shortly after the alleged crime was committed, he entered a plea of guilty…