MARKELL, J., delivered the opinion of the Court.
This is an application for leave to appeal from denial of a writ of habeas corpus. Petitioner is imprisoned under sentence for forty years for robbery with a deadly weapon and attempted robbery with a deadly weapon. He says he did rob, and attempt to rob, with a pistol which was "broken and empty" and therefore was not a deadly weapon. He also contends that his sentence violated the constitutional prohibition...
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