Ex parte Johnson

HAWKINS, Presiding Judge.

Appellant presented to Judge V. M. Johnston, District Judge of Houston County, Texas, a petition for writ of habeas corpus claiming that he was entitled to be released from the penitentiary. The writ was issued and a hearing had, and on February 4, 1949, a judgment entered remanding appellant to the custody of the penitentiary authorities. It is from such judgment this appeal is prosecuted.

The facts developed on the hearing revealed that in Cause No. 4065 in Hardin County District Court appellant was, on September 1, 1943, convicted of burglary and assessed a…