Ex Parte Smith

OPINION

ONION, Judge.

This is a habeas corpus proceedings.

Petitioner is presently confined in the Texas Department of Corrections as a result of his conviction for assault with intent to murder with malice on January 20, 1958, in the District Court of Freestone County. With two prior convictions alleged for enhancement under Article 63, Vernon’s Ann.P.C., the punishment was assessed at life. The opinion of this Court affirming such conviction was reported in Smith v. State, 314 S.W.2d 300.

Petitioner first filed a post conviction application for writ of habeas corpus in the convicting court…