MacK v. Ricketts

Gunter, Justice.

We determined that there was probable cause for review of this habeas corpus judgment that was adverse to the appellant. The issue to be decided here is a rather narrow one: whether the appellant was properly convicted for having committed a felony, or whether he could only have been convicted for having committed a misdemeanor. The habeas judge held that the felony conviction was proper, and he remanded the appellant to custody.

The charge contained in the indictment accused appellant of taking "seventy-two (72) dollars in money and assorted clothing, of the value of $72, the…