Ex Parte Miles

This is an original proceeding in habeas corpus. Petitioner alleges he is illegally restrained of his liberty in the state penitentiary; that he ivas sentenced by the district court of Tulsa county to serve a term of one year and to pay cost in the sum of |85.60; that his confinement in the penitentiary began on the 13th day of November, 1933.

The contention appears to be that the court was without jurisdiction to sentence petitioner because of irregularity of the verdict and on account of the failure of the trial judge to require the jury to assess the punishment; that the verdict does not…