In re Lester

The opinion of the court was delivered by

Hutchison, J.:

The petitioner herein makes application for a writ of habeas corpus, claiming he is entitled to a discharge from custody by the warden of the state penitentiary for the reason that the verdict rendered against him and the sentence imposed thereon are both void; that the verdict is void because it finds him guilty of a different offense than that with which he was charged, and the sentence because it imposes a longer term of imprisonment than that prescribed by the statute for the offense charged.

The petitioner was charged in four counts…