Application of Yarbrough

JONES, Presiding Judge.

This is an original action in habeas corpus instituted by the petitioner, Cecil Yar-brough, for the purpose of securing his release from confinement in the state penitentiary.

The accused is not wholly unknown to this court. Yarbrough v. State, 90 Okl.Cr. 74, 210 P.2d 375; Yarbrough v. State, Okl.Cr., 291 P.2d 369. The last of those cases was decided by this court on December 7, 1955, and involved the identical subject matter which is presented in the action herein. In addition to the matters already presented and discussed in the opinion filqd m said cause, the…