HOUSER, Commissioner.
In August, 1970 Albert Burrage, tried to the court without a jury, was found guilty of the detestable crime against nature and sentenced to three years' imprisonment.
On January 12, 1971 the prisoner filed a motion to vacate and set aside the judgment of conviction and sentence, alleging these grounds:
(1) "* * * that he was denied a jury trial, a right afforded by the Sixth Amendment to the United States Constitution, and that...
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