Ex Parte Adams

DICE, Commissioner.

Relator, an inmate of the Texas Department of Corrections, seeks his release by writ of habeas corpus, alleging that the fifty-year sentence under which he is confined is void because he was permitted to waive a jury and enter a plea of guilty to the capital offense of murder.

Reliance is had upon the decisions of this court which hold that under the Constitution and laws of this State a jury cannot be waived by an accused in a capital case. Art. 1, Constitution of Texas, Vernon’s Ann.St.; Arts. 10, 10a, 11, and 12, Vernon’s Ann.C.C.P.; Kemp v. State, 159 Tex.Cr.R. 110, 261…