In re Whiteaker

BUSSEY, Judge.

Petitioner, Edgar Fred Whiteaker, an inmate of the State Penitentiary at Mc-Alester, filed on March 23, 1961, this petition for writ of habeas corpus, directed to the Warden of the State Penitentiary, where he is confined, requesting that he be released therefrom because he is being illegally restrained of his liberties in that his confinement in said institution is illegal, unconstitutional, and without due process of law.

The petitioner presents the following points to this Court and submits that they are grounds for the relief sought.

1. The taking of property to be used as a…