Ex Parte White

This is an original proceeding in habeas corpus instituted by the petitioner to secure his release from confinement in the county jail of Oklahoma county.

The agreed facts are that the petitioner entered his plea of guilty in the district court of Oklahoma county in two cases wherein he was charged with driving an automobile while under the influence of intoxicating liquor and was adjudged to pay a certain fine and the costs taxed against him. Included in the costs so charged against the petitioner was a “county attorney fee” of $40' in each case. Petitioner has paid the fine and the court…