Per Curiam.

Original habeas corpus proceeding brought pro se by Russell E. Sparks, an inmate of the Montana State Prison where he was received to serve a term of forty years after conviction of the crime of rape. It appears from the application that petitioner was tried by a jury, found guilty, and sentence was pronounced on September 15, 1949, in the District Court of Big Horn County.

It appearing that the application is without merit, the writ is denied and the proceeding is dismissed.