Ex Parte Gregg

OPINION

WOODLEY, Presiding Judge.

This is a habeas corpus proceeding attacking petitioner’s conviction for assault with intent to rape, in Cause No. 9499 in the District Court of Grimes County on February 7, 1939, with punishment assessed at 35 years.

The application was presented to the Honorable Max M. Rogers, the judge presiding in said District Court, who after hearing found that in saiÜ trial in 1939 the petitioner herein was not afforded assistance of counsel as required by the 6th and 14th Amendments to the Constitution of the United States as set forth in Gideon v. Wainwright, 372 U.S.…