Application of Donaldson

BRETT, Judge.

This is an original petition for writ of habeas corpus, brought by George W. Donaldson, #65257, wherein he complains that he is being unlawfully detained by the Warden of the Oklahoma State Penitentiary under and by virtue of a judgment and sentence of the district court of Tulsa County, Oklahoma, 'entered against him on May 17, 1961 on a charge of obtaining nar-*624cótic drugs by fraud, after' former conviction of a felony.

Petitioner alleges that “The crime of obtaining narcotics 'by fraud, after former conviction of a felony, can be found nowhere in the statute of Oklahoma.”

The…