Ex Parte Merritt

This is an original action styled “Petition in Habeas Corpus for Reduction of Sentence” instituted by the petitioner, Wiley Merritt, who is now an inmate of the State Penitentiary at McAlester. The Attorney .General on behalf of the respondent, warden of the State Penitentiary, has filed a demurrer to the petition.

The verified petition alleges that the petitioner was convicted in the district court of Comanche county of the crime of robbery with firearms and sentenced to serve 15 years’ imprisonment in the State Penitentiary. There are set forth in the petition, numerous allegations of fact…