In Re O'Dell

Dethmers, O. J.

On April 8, 1960, petitioner O’Dell entered a plea of guilty in the Calhoun county circuit court to a charge of attempt to take indecent liberties with a minor female child. He was sentenced by the court to serve not less than 3 nor more than 5 years in prison. He entered prison and started serving the sentence.

The sentencing court had been under the impression that the applicable statute, OLS 1956, § 750.336' (Stat Ann 1954 Rev § 28.568), fixed 5 years as the maximum. Thereafter he learned that the maximum it prescribes is 10 years.

The court then issued a writ of habeas corpus…