Ex parte Montgomery

BEAUCHAMP, Judge.

The appellant is a convict in the penitentiary. He is confined by virtue of convictions for felonies in court of competent jurisdiction. The application for writ of habeas corpus was made to the district judge of Burnet County, to secure his release from the penitentiary.

Upon a hearing, the district judge concluded that there is no basis for the issuance of writ of habeas corpus and that the petition was insufficient upon its face to require a hearing. Based upon this finding, the whole matter was certified to the Texas Court of Criminal Appeals for further procedure. As…