Ex Parte Clarke

The petition avers that Willie Clarke is illegally restrained of his liberty in the penitentiary at McAlester, pursuant to the terms of a void judgment and' commitment against him, rendered and issued by the district court of Stephens county, where, by verdict of a jury, the petitioner was found guilty of a violation of the Narcotic Drug Act, his punishment fixed at confinement in the penitentiary for a term of 5 years, but with no fine assessed as provided by statute. The court rendered judgment in accordance with the verdict and caused a commitment to issue accordingly.

The petitioner claims…