Armstrong

In the year 1949 appellant entered a plea of guilty to four counts of an indictment. Each count charged that appellant “did steal, take and abstract from and out of an authorized depository for mail matter, to-wit, (a certain) house letter box * * * a (certain) letter * * *.” The charges were brought under Sec. 1708, 18 U.S.C.A.

The trial court sentenced appellant to serve five years on the first count and three years on the remaining three counts. The three year terms were to run concurrently and to commence at the expiration of the five year term.

On September 26, 1950 appellant petitioned the trial court to correct the sentences on the ground that the penalty imposed was in excess of that provided by law. The petition was denied. The specific contention of appellant is: That the indictment does not allege, nor does it otherwise appear, that any of the letters alleged to have been taken from the letter boxes was of a value of more than $100, hence, the maximum penalty which could have been lawfully imposed under each count was not more than a fine of $1,000 or imprisonment for not more than one year or both. Sec. 1708, 18 U.S.C.A., under which the indictment was drawn,…