Ex parte Schellinger

MORRISON, Judge.

Relator, an inmate of the penitentiary, seeks his discharge by writ of habeas corpus, alleging that the two offenses set forth in the indictment upon which he was convicted were not offenses of the same nature as defined by Article 62, P. C., and that, therefore, a conviction on such indictment is void.

Relator was convicted in the criminal district court of Harris County upon an indictment charging a primary offense of felony theft and alleging a prior conviction of the felony offense of defrauding by obtaining things of value with a worthless check.

The verdict of the jury…