Ex Parte Scott

This is an original proceeding in habeas corpus. Petitioner alleges he is unlawfully restrained by the warden of the state penitentiary, at Mc-Alester; that he was charged with murder in the district court of Marshall county; that he entered a plea of not guilty, but later withdrew this plea and entered a plea of guilty to manslaughter in the first degree, and was sentenced to serve a term of 100 years in the state penitentiary. He alleges that he had no preliminary on the charge of manslaughter, but does not allege' that he did not have a preliminary on the charge of murder, or that he did…