Ex Parte Collins

The petitioner, Elmer Collins, instituted this original proceeding in habeas corpus to secure his release from confinement in the State Penitentiary at MeA1ester.

In his verified petition he alleges that he was committed by the district court of Muskogee county to serve a term of 37 years in the State Penitentiary for the crime of attempted rape in the first degree. The petitioner alleges that there is no such crime as attempt to commit rape in the first degree, bnt that he should have been prosecuted for assault with intent to commit rape, under which the maximum punishment would have been…