Ex Parte Smith

This is an original proceeding in habeas corpus filed by C. R. Smith to secure his relea.se from confinement in the State Penitentiary.

In the verified petition filed herein it is alleged that the petitioner was adjudged guilty of the crime of child abandonment in the district court of Oklahoma county on April 19, 1940, and sentenced to three years in the State Penitentiary, but that the execution of said sentence was suspended by the trial court.

That on May 16, 1941, the district court revoked the suspended sentence and had the petitioner committed to the State Penitentiary where he still…