Ex Parte Herren

This is an original proceeding in habeas corpus wherein the petitioner seeks his release from the State Penitentiary.

The petitioner was convicted in the district court of Carter county of the crime of receiving stolen property and sentenced to< serve one year and one day in the State Penitentiary. His conviction was appealed to this court and the judgment was affirmed. Lee Herren v. State, 72 Okla. Cr. 254, 115 P. 2d 258.

In this proceeding it is contended by petitioner that his commitment is void for the reason that at the time of his preliminary examination he filed an application for a…