Ex Parte Scherer

This is an application for discharge from imprisonment by writ of habeas corpus on the part of Mack Scherer, confined in the county jail of Oklahoma county by Stanley Rogers, sheriff, under commitment issued by the district court of said county upon an information filed therein charging Mack Scherer with the crime of grand larceny, to wit, the theft of 30 barrels of crude oil of the value of $30, the personal property of Roy Smith.

It is alleged that said restraint is illegal because the facts set out in the information, if true, would constitute as a matter of law a misdemeanor only, and that…