Ex parte Fuqua

OPINION

ROBERTS, Judge.

This is an application for writ of habeas corpus filed pursuant to Article 11.07, Vernon’s Ann.C.C.P., in which petitioner attacked his 1972 conviction for robbery by assault with firearms in the 54th Judicial District Court of McLennan County in Cause No. 72-185-C. The convicting court found that the indictment under which appellant was convicted was fundamentally defective. We agree and order appellant discharged from further confinement as a result of that conviction.

In September, 1972, appellant was convicted by a jury in Cause No. 72-185-C of robbery by assault with…