Ex Parte Eugene Banspach

CHRISTIAN, Judge.

This is a habeas corpus proceeding. Relator has appealed to this court from an order of the District Court of Bexar County refusing to direct that he be released from the state penitentiary.

On the 3rd of January, 1933, relator was convicted in the District Court of Bexar County of the offense of murder and his punishment was assessed at confinement in the penitentiary for fifty years. Sentence was duly pronounced, and no appeal having been taken, he was incarcerated in the state penitentiary at Huntsville, Texas, where he is now serving his sentence.

If we understand relator’s…