Ex Parte Musgrave

This action in habeas corpus was instituted by the petitioner, Charles L. Musgrave, for the purpose of securing his release from confinement in the State Penitentiary.

Two propositions are presented by the petitioner: First, there is a variance in the allegations of the information from those set forth in the preliminary complaint; second, the punishment imposed upon petitioner’s plea of guilty was excessive and should be modified.

Certified copies of the information and the preliminary complaint are not attached to the petition, but-the petitioner makes the general allegation that in the…