State ex rel. Austin v. Johnson

Mb. Chiee Justice Bubnett

delivered tbe opinion of tbe Court.

This appeal results from tbe denial of a petition for habeas corpus on behalf of Austin.

In September, 1964, tbe grand jury returned two indictments against Austin. In each indictment be was charged with burglary in tbe third degree, larceny and receiving and concealing stolen property.

Tbe case came on for trial in October, 1964, and Austin plead guilty to petit larceny as included in tbe second count of each indictment, and received a sentence of not more than two years in one case and of not more than three years in tbe other case.…