Application of Scearce

BRETT, Judge.

This is an original proceeding in-habeas corpus brought by Ervin H. Scearce,. petitioner, pro se, wherein he alleges he being unlawfully restrained of his liberty by Hon. H. C. McLeod, Warden of the Oklahoma State Penitentiary, McAlester, Oklahoma. He alleges the cause of said restraint is a judgment and sentence of the District Court of Oklahoma County, Oklahoma, upon a conviction of the charge of burglary in the second degree, after former conviction of a felony. He alleges the judgment and sentence to he invalid for the reason it violates state and federal statutes and the…