Nathan Jerry Ellis v. Robert R. Raines, Warden, Oklahoma State Penitentiary

This is an appeal from an order denying an application for a writ of habeas corpus.

Appellant was convicted of the crime of murder in a district court of the State of Oklahoma. This conviction was reversed by the Oklahoma Court of Criminal Appeals and remanded for new trial. Ellis v. State, Okl.Cr., 318 P.2d 629. During the course of the re-trial, testimony of a witness who had testified in the first trial and who, although properly subpoenaed, failed to appear at the second trial, was received in evidence over the objection of Appellant. A direct appeal from the second trial was taken and the…