In Re the Habeas Corpus of Childers

BRETT, Presiding Judge.

This is an original, verified petition for writ of habeas corpus brought by Roy Edward Childers, petitioner, wherein he alleges he is being unlawfully restrained of his liberty by H. C. McLeod, Warden of the Oklahoma State Penitentiary, McAlester Oklahoma, by virtue of a certain judgment and sentence rendered by the District Court of Oklahoma County, Oklahoma, sentencing the petitioner to three years in the penitentiary for the crime of rape in the second degree. Petitioner alleges that said restraint is illegal and unauthorized for the reason the District Court…