United States ex rel. Massey v. Follette

OPINION

EDELSTEIN, District Judge.

This application for a writ of habeas corpus1 is predicated upon the circum*6stances surrounding petitioner’s change of plea from not guilty to a charge of first degree rape2 to a plea of guilty to second degree rape,3 for which petitioner is currently serving a sentence of 8 to 10 years as a third felony offender.4 Petitioner advances three contentions concerning his plea: (1) that second degree rape is not a crime charged in the indictment, and is not a crime included in or inferior to first degree rape, and that this violates his constitutional right to be…