The opinion of the court was delivered by This is an appeal from an order of the district court of Marion County, summarily denying the petitioner's motion to set aside the sentence imposed on October 29, 1962, upon his plea of guilty to the crimes of second degree burglary and grand larceny. On that date, the district court sentenced him to confinement in the Kansas State Penitentiary for a period of fifteen years pursuant to the Kansas Habitual Criminal Act. (K.S.A. 21-107a.) On October 5, 1962, a warrant was issued out of the county court of Marion charging the petitioner, Clifford LeeRoy Perrin, with burglarizing in the nighttime Wingerd's IGA Store and Williams Home Oil Company, both in Marion, and unlawfully stealing $100 in lawful money of the United States from the latter place. He was arrested on October 12, 1962, and brought before the judge of the county court of Marion, where he was advised of the charges pending against him and of his right to have a preliminary examination. After being so advised, the petitioner waived his right to a preliminary examination and he was bound over to the district court to stand trial for the crimes of burglary in the nighttime and grand larceny as charged in the complaint and warrant. Bond was fixed in the sum of $5,000, and upon the petitioner's failure to give bond, he was committed to the jail of Marion County.