Ex Parte Otis H. Gibson

HAWKINS, Judge.

Under a judgment of the District Court of Montgomery County, Texas, bearing date July 5, 1937, relator was convicted of a felony and his punishment assessed at five years in the penitentiary. Sentence was pronounced against him on July 12, 1937. An appeal was taken to this court and the judgment affirmed. The case is reported in 135 Tex. Crim. Rep. 498, 121 S. W. (2d) 361. Relator is in the penitentiary serving the sentence. On March 25, 1939, relator instituted habeas corpus proceedings before the District Judge of Walker County, Texas, asserting that the judgment and sentence…