Ex Parte King

This is an original proceeding in habeas corpus. Petitioner alleges he is unlawfully restrained of his liberty by the warden of the state penitentiary at McAlester, Okla.; that heretofore he was charged in the district court of Payne county with the larceny of an automobile; he appeared in court with his counsel and entered a plea, of not guilty; that he “asked the court that he be permitted to waive a jury and be tried by the court, without a jury;” his request was granted, and the case was tried to i the court without a jury, who found the facts against the petitioner and sentenced him to…