Ex Parte Roy Kirk

This is an application on the part of Roy Kirk for a writ of habeas corpus to be discharged from the custody of the warden of the penitentiary at Granite, Okla., in which institution he was, at the time of the application for the writ, confined pursuant to a commitment issued out of the district court of Jackson county, upon a judgment and sentence of conviction for the crime of burglary.

Since this application has been pending, the attention of this court has been cailed to the fact that the said Roy Kirk has applied for, and been granted, a parole from said conviction, and has accepted the…