Ex Parte Burton

GOODWYN, Justice.

This is an original habeas corpus petition filed here by John E. Burton, who is confined in Kilby Prison under a five year sentence for grand larceny imposed by the circuit court of Walker County.

It appears from the petition that, on March 26, 1963, Burton applied to a judge of the circuit court of Montgomery County for a writ of habeas corpus. Code 1940, Tit. 15, § 6. Attached to said petition, and made a part thereof, is a copy of the order rendered in that proceeding on May 7, 1963, holding that Burton is not “entitled to his discharge on habeas corpus, that the writ be…