Ex Parte Lopez

OPINION

JACKSON, Commissioner.

Relator was convicted in 1961 as an habitual criminal for possession of heroin and assessed a life sentence, Lopez v. State, 171 Tex.Cr.R. 672, 352 S.W.2d 747 (1961), and has been continuously confined since March 2, 1961.

Two of the three prior convictions alleged in the indictment and used for enhancement in his trial (No. 9331 and No. 9712) were in United States District Courts for possession “of marihuana without having paid the transfer tax as required by said Act,” the Act being Sec. 2593(a), Title 26, of the United States Code. These were in 1945 and 1947.

Eac…