Application of Eidenmueller

BRETT, Judge.

This is an original action for habeas-corpus brought by Phillip Eidenmueller in which he complains he is being unlawfully .restrained of his liberty by Hon. Joe Harp, Warden of the Oklahoma State Reformatory. In his petition he urges the District Court of Jackson County, Oklahoma, was without jurisdiction to try and sentence him for burglary in the second degree, 21 O.S. 1951 §§ 1435, 1436, on September 25, 1957; to seven years in the state penitentiary, and that he is entitled to a release by habeas corpus.

To his response the Attorney General' attaches a copy of the information,…