Ex Parte Trahan

OPINION

PHILLIPS, Judge.

This is a post-conviction habeas corpus proceeding brought pursuant to Article 11.-07, V.A.C.C.P.

Petitioner was convicted of committing the offense of rape on December 28, 1968. Petitioner was 16 years old when he committed the offense. Petitioner was still 16 when he was indicted; however, by the time he pleaded guilty to the offense he had turned 17. Citing Ex parte Menefee, 561 S.W.2d 822 (Tex.Cr.App.1977), petitioner urges that the indictment in the cause is void because he was not granted an examining trial prior to the indictment issuing.

In Menefee we held that an…