In Re the Habeas Corpus of Salisbury

BRETT, Judge.

This is an original action in habeas corpus brought by Henry Salisbury, to secure his release from confinement in the State Penitentiary at McAlester.

Petitioner alleges that he is being unlawfully restrained of his liberty by the Warden of the Oklahoma State Penitentiary under a certain judgment and sentence which the record shows was entered against him on April 9, 1942 for robbery with firearms. He appealed his conviction to this Court, the judgment and sentence was affirmed (Salisbury v. State, 80 Okl.Cr. 13, 156 P.2d 149) and he was booked in at the Penitentiary on said…