Ex parte Pitrucha

WOODLEY, Judge.

This is an application for habeas corpus originally presented to this court.

Relator, an inmate of the penitentiary, is serving a sentence of not less than five nor more than fifteen years for rape. The sentence is regular in form.

The attack is upon the judgment upon which the sentence was pronounced. It recites that, upon a jury trial, appellant’s punishment was assessed at fifteen years in the penitentiary, but erroneously provides that relator shall be punished by confinement in the state penitentiary for a term of “not less than five years nor more than fifteen years.”

The…