Ex Parte Weaver

In his petition for writ of habeas corpus for discharge from imprisonment from the state peni-ten tinary, F. L. Weaver alleges that he is unlawfully imprisoned and detained by the warden without authority of law under a judgment of conviction rendered by the district court of Garfield county for the crime of “Habitual Theft,” which judgment was rendered April 16, 1936, wherein he was sentenced to serve a term of 18 months’ imprisonment at the state penitentiary.

That petitioner has been and is now held in custody to serve said sentence without due process of law in that said judgment of…