Application of Roberson

BRETT, Judge:

This is an original proceeding by Jackie Roberson, an inmate of the State Penitentiary at McAlester, Oklahoma, to secure his release from confinement.

Petitioner was tried and convicted in Tulsa County on April 19, 1960 for the crime of robbery with firearms, after former conviction of a felony, in case No. 18379, hereinafter referred to as the “first trial”. He was sentenced to serve twenty-five years in the State Penitentiary. That first trial was appealed to this Court, and was reversed and remanded to the district court for a new trial. However, since the petitioner could not…