Ex Parte Miller

Petitioner, Bert Miller, bas filed bis petition for writ of babeas corpus, seeking bis release from the State Penitentiary at McAlester, where he is now confined by reason of a judgment and sentence of tbe district court of McGurtain county, entered on June 16, 1943, wherein be was sentenced to serve a life term of imprisonment for murder.

Petitioner was tried in the district court of Mc-Curtain county on May 24, 1943. He was represented by counsel appointed by the court on May 5, 1943. He was convicted by a jury on May 25, 1943, and filed a motion for a new trial, which was later withdrawn,…