Application of Ervin

BRETT, Judge.

This is an original action by habeas corpus brought by Maurice Ervin. He seeks relief from pronouncement of a judgment and sentence against him for the crime of attempted rape. The sentencing proceedings in the trial court have been stayed pending the determination of the issue herein.

The petition alleges that he was charged by complaint in the justice of the peace court of Justice Wilbur P. Lee, in Pontotoc County, Oklahoma, with the crime of assault with intent to commit rape, and was bound over to the district court on such charge, after having waived in person and by counsel…