Aldrich v. Hudspeth

The opinion of the court was delivered by

Thiele, J.:

This is an original proceeding in habeas corpus in which the petitioner seeks his release from the state penitentiary, contending that the judgment of his conviction was void and his sentence illegal.

*554There is no dispute of fact involved. Unless otherwise noted all references to the statutes are to G. S. 1935.

The record discloses that the information on which petitioner was tried on October 4, 1945, contained two counts, the first charging burglary in the second degree as denounced by 21-520, and the second charging larceny as denounced by…