Ex Parte Banning

PER OURIAM.

Petitioner filed in this court on the ll'th day of October, 1941, his petition for writ of habeas corpus, alleging that he was unlawfully imprisoned and illegally deprived of his1 liberty in the State Penitentiary at McAlester. He alleged that he was sentenced to the penitentiary from Oklahoma county in January, 1931, for a period of 10 years for the “larceny of an automobile.” That he entered a plea of guilty with an agreement with the county attorney that he would recommend a sentence of five years, and that such sentence would be suspended. That the court refused to follow the…