Ex Parte Phelper

OPINION

BELCHER, Judge.

This is an original application for writ of habeas corpus brought by the relator, Ben Herbert Phelper, seeking his release from custody resulting from a conviction in County Criminal Court No. 2 of Dallas County. Phelper v. State, Tex.Cr.App., 396 S.W.2d 396.

The relator alleges that he is restrained of his liberty by virtue of a judgment adjudging him guilty of violating Art. 527, P.C. Relator contends that his conviction is invalid on the ground that Art. 527, supra, is void and unconstitutional. Also, that an unconstitutional instruction on community standards was…