Ex Parte Mills

This is an original action by tlie petitioner, Sterling Mills, to secure his release from confinement in the State Penitentiary.

The petition alleges that the petitioner and one Leroy Phares were jointly charged in the district court of Custer county, with the crime of burglary in the second degree; that they had jointly with one Gilbert Herber committed the crime of burglary, but that the said Gilbert Herber was a decoy on leave from the State Penitentiary, who had been secured by certain peace officers to entrap the petitioner and Leroy Phares; that the said Gilbert Herber proposed the…