Application of Halverson

NIX, Judge.

This is an original petition in habeas corpus brought by Richard Darrell Hal-verson. In his petition he alleges he is being unlawfully restrained of his liberty by the acting warden of the state penitentiary, Honorable R. R. Raines. The cause of this unlawful restraint is by reason of a certain judgment and sentence imposed against petitioner in the District Court of Pottawatomie County, Oklahoma, on August 14, 1957, wherein he was sentenced to ten years for first degree burglary.

The facts as alleged in the petition show the offense to have been one wherein petitioner attempted to…