Ex Parte Dunn

DOYLE, J.,The petition for writ of habeas corpus shows that in September, 1925, in the district court of Cherokee county, the petitioner was convicted of abandonment as defined in chapter 78, Session Laws 1923, and was sentenced by the court to imprisonment in the state penitentiary for a term of ten years. It is averred that his imprisonment is unlawful for the following reasons:

“First, that said district court did not have jurisdiction to render the judgment involved for the reason that at the time of the commission of the offense charged the same was a misdemeanor, over which the county…