Ex Parte Cummins

This is an original action in babeas corpus brought by Joe Cummins, petitioner, pro se, wherein be alleges that he is unlawfully restrained of bis liberty by C. P. Burford, warden of tbe State Penitentiary at McAlester, Oklahoma. He complains that on November 5, 1949, in tbe district court of Love county, Oklahoma, be was sentenced on a plea of guilty to a term of 25 years on a charge of first degree rape. He alleges be did not enter a plea of guilty to tbe charge of first degree rape but that bis plea was entered to a charge of second degree rape. In bis petition be requests that Charles A.…