Ex Parte Keener

MORRISON, Presiding Judge.

This is a habeas corpus proceeding wherein relator attacks as void the judgment and sentence under which he is confined in the penitentiary.

The conviction was in the Criminal District Court No. 2 of Dallas County. Though not appealed to this court, the record of the evidence offered in the trial court is before us.

This case lies halfway between Crawford v. State, 161 Texas Cr. Rep. 554, 278 S.W. 2d 845, and Ex parte Clark, 164 Texas Cr. Rep. 385, 299 S.W. 2d 128, and involves an application of Article I, Section 10, Constitution of Texas, and Article 12, *327V.A.C.C.P.…