Ex Parte Gudel

WOODLEY, Presiding Judge.

This is a prison drawn petition for habe-as corpus.

The petitioner attacks the 12 year sentence he is serving which was pronounced against him in Cause No. 8045 in the 99th Judicial District Court of Lubbock County.

The facts are undisputed.

On October 23, 1961, upon his application showing that he was a pauper, the trial court appointed Robert E. Baber, a practicing attorney, to defend Chester Victor Gudel who was charged by indictment in said Cause No. 8045 with burglary.

Neither attorney Baber nor Gudel, the defendant in said cause, waived the 10 days allowed court…