Application of Bales

POWELL, Judge.

Petitioner alleges that he is confined in the State Penitentiary at McAlester by reason of a judgment entered in the district court of Tulsa County on January 5, 1955, wherein he was tried before the court without a jury and sentenced to serve a term of ten years imprisonment for the alleged crime of second degree burglary, second offense.

Petitioner seeks his release by way of a writ of habeas corpus based on two propositions:(1) That he was deprived of his right to appeal by reason of the failure of his counsel to perfect his appeal after he had been paid money to obtain a…