Linebarger v. Page

BRETT, Judge:

This is an original petition for writ of habeas corpus by the petitioner, Larry Gail Linebarger, who complains that he is being unlawfully detained in the state penitentiary by the Warden thereof.

Petitioner alleges that the cause of his restraint is a certain judgment and sentence entered against him in the district court of Tulsa County, Oklahoma, on a charge of burglary in the second degree, wherein he was sentenced to serve from five to fifteen years in the state penitentiary.

Petitioner also alleges that on January 6, 1967 he filed a petition in the district court of Tulsa…