Ex Parte Baker

Newt Baker filed bis petition in this court for a writ of habeas corpus, alleging he was illegally restrained of his liberty by S. E. Brown, warden of the Oklahoma State Penitentiary at McAlester.

Petitioner alleges he pleaded guilty to tbe charge of possession of morphine, and was sentenced upon such plea to serve a term of three years in the state penitentiary; to pay a fine of $500 and costs of $50.90; and that upon failure of petitioner to pay the costs that he be confined in the state penitentiary one day for each dollar of the costs unpaid.

Petitioner further alleges that he has served…