I dissent. When it appeared that the relator was convicted and sentenced for larceny to State prison in Michigan for a possible five years, it can hardly be that the crime was a misdemeanor if committed here. If it were the prisoner could have shown it. He remained silent although he had a hearing.
CARDOZO, Ch. J., LEHMAN, KELLOGG and O'BRIEN, JJ., concur with POUND, J., CRANE, J., dissents in memorandum; ANDREWS, J., not sitting.
Order affirmed.