Ex Parte Fennell

WOODLEY, Judge.

Relator sought discharge from the penitentiary by habeas corpus proceeding instituted before Owen M. Lord, judge of the criminal district court of Jefferson County, Texas.

Judge Lord granted the writ and, after hearing, certified the facts to this court as contemplated by Art. 119, V.A.C.C.P.

The record reveals the following:

On June 12, 1953, in Cause No. 19036, in said criminal district court, relator pleaded guilty to the offense of child desertion and was assessed a two-year term in the penitentiary. The judgment recites that the defendant was placed on probation “under terms…