Ex Parte Swain

This original action in habeas corpus was instituted by the petitioner, Armond Swain, for the purpose of securing his release from imprisonment in the State Penitentiary.

In the verified petition it is alleged that on April 4, 1945, the petitioner entered his plea of guilty to the crime of grand larceny in the district court of Logan county, Okla., and was sentenced to serve a term of three years imprisonment in the State Penitentiary, and at the same time and place the district court suspended the sentence of the petitioner.

The petitioner further alleges that on May 2, 1946, the petitioner…