Ex parte Drake

BEAUCHAMP, Judge.

Appellant is an inmate of the State penitentiary and filed an application for writ of habeas corpus to the Honorable Robert A. Hall, Judge of the Criminal District Court of Dallas County, which was presented on August 26, 1947, seeking his release *18from such imprisonment. A hearing was had on his application and the facts certified to this Court as found by the District Judge. Such facts may be summarized as follows:

He was convicted in Dallas County of the offense of felony theft and began his sentence on November 4th, 1938. Thereafter and on October 29th, 1942, the Governor…