In the District Court of Carter County, Case No. CRF-69-40, appellant, O.J. "Buck" Marutzky, hereinafter referred to as defendant, was charged, tried and convicted for the offense of Larceny of Domestic Animals, After a Former Conviction of a Felony. His punishment was fixed at ten (10) years imprisonment and from that judgment and sentence, he perfected an appeal to this Court, Marutzky v. State, Okla. Cr. 496 P.2d 804 (1972). On May 16, 1972, defendant filed his application for Post-Conviction Relief in this same Court. On September 28, defendant's application for Post-Conviction Relief was set for evidentiary hearing before the Honorable Bob Powell, evidence was presented, and on September 29, 1972, the District Court denied post-conviction relief. From the District Court's denial of post-conviction relief, defendant has perfected a timely appeal to this Court.