Ex Parte Drake

This is an original proceeding brought by petitioner Leroy Drake for a writ of habeas corpus seeking his release from the penitentiary at McAlester. The petition alleges that he was charged by information with the crime of grand larceny of property worth and of the value of $200, after a former conviction. The ver- diet of the jury as disclosed by tbe petition is as follows, to wit:

“We, tbe jury, impaneled and sworn in the above-entitled cause, do upon our oaths find the defendant, Leroy Drake, guilty as charged in the information herein and fix his punishment at 10 years in the State…