Ex Parte Lyles

WOODLEY, Judge.

Relator and his brother, James Whittaker Lyles, were separately indicted for burglarizing a house belonging to Joe D. Thompson and were separately indicted for theft of a safe and $412.50 from Joe D. Thompson.

James Whittaker Lyles pleaded guilty béfore the court on April 25, 1956, and was sentenced.

Relator’s cases were called on June 19, 1956, and he pleaded guilty and waived a jury trial. Being informed by the trial judge that it was necessary that he hear proof or evidence, relator and his counsel agreed that the state re-introduce into evidence the testimony heard by the…