In Re Gray

Petitioner, Charles Gray, is confined in the State prison at Jackson, and seeks release by habeas corpus upon the theory that he was found guilty of “attempted robbery armed,” which crime is punishable by imprisonment in the State prison “not more than five years, or in the county jail not more than one year,” as was provided by 3 Comp. Laws 1929, § 17342; that he was illegally sentenced to serve a term of not less than 20 years, nor more than 35 years; and that the sentence which could have been legally imposed expired on November 21, 1935.

We issued the writ to inquire into the matter, and…