BRETT, J.
This is an original action by petition for a writ of mandamus brought by Edgar R, Boatman, county attorney of Okmulgee county, Oklahoma, against Tom Payne, Sr., judge of the superior court of the aforesaid county and state. In said petition it was alleged that on December 7, 1948, one Donald Landsberry, in case No. 2908 in the superior court of the aforesaid county, was convicted of grand larceny and sentenced to serve 5 years in the penitentiary, and for...
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