Ex Parte Webb

WOODLEY, Presiding Judge.

The petitioner is confined in the penitentiary under Sentence in Cause No. D-2778J pronounced in Criminal District Court No. 3 of Dallas County on February 28, 1961, ordering his confinement for life for the offense of robbery with firearms.

The punishment for robbery with firearms is “death or by confinement in the penitentiary for any term not less than five years.” Art. 1408 P.C.

Petitioner alleges that he has served the minimum term of five years and that the remainder of the sentence is excessive and void.

Ex parte Erwin, 145 Tex.Cr.R. 504, 170 S.W.2d 226; Ex parte…