Ex Parte Russell

OPINION

ODOM, Judge.

This is an application for writ of habeas corpus filed pursuant to Art. 11.07, V.A.C. C.P.

Petitioner was convicted, on his plea of guilty to the court, of the offense of unlawfully attempting to obtain from a registered pharmacist a controlled substance, to-wit: dilaudid, by the use of a false and forged prescription, and was assessed a five year term of imprisonment on February 7, 1975. No appeal was perfected in this cause.

Petitioner filed his application for writ of habeas corpus contending that the indictment in the instant case failed to allege an offense, and the…