The petitioner, an inmate of the Montana State Prison, appearing pro se, seeks a writ of habeas corpus alleging that he is unlawfully detained because while on parole from the State Prison he was arrested and charged by a complaint in the justice court in Madison County with a misdemeanor, attempted petty larceny wherein the complaint alleged that petitioner “tried to take crippled childrens funds. Fund were in can chaned to Bar. Broke chañe — got part wayout of Building when stopped.” The complaint stated that the offense was as specified in section 94-2701-5, R.C.M.1947.
There is no section 94-2701-5, but petty larceny is defined in section 94-2705; and because of a mistaken number, petitioner alleges that his rights were somehow violated.
Attached to the petition as an exhibit is a supplement to a Board of Pardons violation report which lists among other violations of parole rules the arrest on the complaint as noted above.