Ex Parte Lackey

JONES, Presiding Judge.

This is an original action instituted by Andy H. Lackey for the purpose of securing his release from confinement in the Eastern Oklahoma State Hospital for the Insane at Vinita.

The agreed facts are as follows:

1. Petitioner, age 26, was charged with the crime of first degree rape in the Justice of the Peace Court at McAl-ester on November 27, 1950.

2. On November 28, 1950, the county attorney of Pittsburg County filed a petition with the County Court of Pittsburg County asking that the said Andy H. Lackey be committed to a state hospital for the mentally ill for…