Petitioner, Carl L. Janaway, has filed his petition for habeas corpus, seeking his release' from the State Penitentiary at McAlester, where he is confined by reason of a judgment and sentence of the district court of Sequoyah county, Okla.

■ The question involved in this matter has this day been passed upon in the case of Carl Janaway v. State of Oklahoma, No. A-10715, 83 Okla. Cr. 74,173 P. 2d 222, and, therefore, it becomes unnecessary to decide the issue here presented.

For the reasons above stated, the petition for habeas corpus is denied.