Ex Parte Dunnavant

The opinion filed November 19, 1928, is withdrawn and the following opinion filed:

Fred Dunnavant, petitioner avers that on the 11th day of March, 1928, by judgment of the superior court of Okmulgee county, he was convicted and sentenced to one year and one day, on a charge of adultery, and further sentenced by the court to pay the cost of the prosecution taxed at $58.30. The court awarded execution. The judgment further provides, if said costs are not paid, that said prisoner be confined for one day of each $1 until the costs are satisfied.

Petitioner alleges that he has served his time of one…