Ex Parte Rice

Petitioner, Frank Rice, has filed his petition for a writ of habeas corpus seeking his release from the State Penitentiary at McAlester, where he is now confined by reason of a judgment of the district court of Tulsa county, entered on February V, 1946, sentencing him to serve a term of 25 years in the State Penitentiary.

Pending the hearing on this petition, a case-made with petition in error attached was filed in this court, appealing from the judgment and sentence above referred to.

Both the appeal and the petition for writ of habeas corpus were heard by this court by agreement, and an…