Fred A. Newell v. Ray H. Page, Warden, Oklahoma State Prison

DAVID T. LEWIS, Circuit Judge.

Appellant is presently confined in the Oklahoma State Penitentiary and appeals from an order of the United States District Court for the Eastern District of Oklahoma denying an application for a writ of habeas corpus. Relief had been denied earlier to appellant by the state court. Newell v. Page, Okl.Cr., 401 P.2d 1003.

During October 1943, appellant received and began to serve an Oklahoma state sentence of ten years. On February 3, 1945, he escaped but two days later was apprehended and arrested at Boise City, Oklahoma, by the county sheriff. On February 6, 1945,…