Ex Parte Smith

The petitioner, Toy Smith, on February 13, 1939, filed in this court an application for a writ of habeas corpus, wherein he avers that he is unlawfully restrained of his liberty by Jess F. Dunn, warden of the state penitentiary, at McAlester.

It is further averred in said petition:

“That your Petitioner, Toy Smith, was on February 16, 1936, received at the Oklahoma state penitentiary, as Number 33620, after having been adjudged and found guilty of the crime of larceny of domestic animals, to serve a term of 10 years. * * * That on April 15, 1937, E. W. Marland, then Governor of Oklahoma, issued…