Henry Edward Watt v. Ray H. Page, Warden, Oklahoma State Penitentiary, and State of Oklahoma

SETH, Circuit Judge.

This is is a habeas corpus proceeding which was filed in the United States District Court for the Eastern District of Oklahoma. The petition was denied without hearing, and this appeal was taken.

The record shows that petitioner was convicted in 1967 of selling five match boxes of marijuana to a federal agent for twenty-five dollars. The petitioner had previously been convicted of a felony, and under the Oklahoma recidivist statute he was subject to a sentence by the jury on the marijuana charge of not less than ten years, but with no maximum prescribed. The jury found…