SCHWELLENBACH, District Judge.
The judgment and sentence under which petitioner is confined in the State Penitentiary recites that on May 16, 1940, petitioner, having entered a plea of guilty of the crime of "petit larceny by check", was sentenced to the State Penitentiary for a period of not more than twenty years. The State Statute, Rem.Rev.Stats. of Wash. Sec. 2267, provides that any person convicted of a crime of the degree of petit larceny by check shall be punished...
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