Ex parte Page

It appears from the record submitted to this court that the petitioner was indicted in the Osage Circuit Court for the crime, of grand larceny, that he confessed his guilt, and that the court *292sentenced him to ten years’ imprisonment in the penitentiary. He has already served out four years of the time for which he was sentenced, and he now asks to be discharged on the ground that his sentence was illegal.

The statute provides that persons convicted of grand larceny shall be punished as follows: “First, stealing a horse, mare, gelding, colt, filly, mule, or ass, by imprisonment in the…