Ex parte Calloway

DAVIDSON, Judge.

Relator seeks to file in this court his petition for the writ of habeas corpus and for discharge from the penitentiary.

If the petition shows grounds for the issuance of the writ, it should be granted; otherwise, not.

From the petition the following facts are made to appear:

In 1927, relator was convicted of a felony less than capital. Six years thereafter, or in 1933, he was again convicted of a felony less than capital and the 1927 conviction was there utilized to enhance his punishment as a second offender, as provided by Art. 62, P. C. In 1938, he was convicted of a felony…