In re Spaulding

The opinion of the court was delivered by

Smith, J.:

The petitioner was charged by information in the district court of Labette county with the crime, we will assume, of burglary and larceny. The value of the property stolen was alleged to be three dollars.

Upon arraignment the journal entry shows that he pleaded guilty to “felonious” larceny, as charged in the information, and thereupon, upon the motion of the •county attorney, the court ordered that the charge of burglary be, and the same was, dismissed.

Upon this plea the petitioner was sentenced to be confined in the Kansas state industrial…