The petitioner, Wesley Hodges, filed his petition for a writ of habeas corpus in this court by mail, wherein it is averred that he is unlawfully held under a commitment issued out of the superior court of Ok-mulgee county upon a judgment rendered in said court upon a verdict finding said petitioner guilty of the crime of perjury.

It is further averred that the facts stated in the information upon which he was convicted do not constitute a criminal offense, and for this reason the court was without- jurisdiction to try, sentence, or imprison petitioner thereunder.

Counsel for the state have moved to dismiss said ■cause for the reason that said petition does not state facts sufficient to entitle the petitioner to the relief prayed for.

*114 The motion to dismiss is sustained, and the cause is dismissed.