Ex Parte Legg

OPINION

DALLY, Judge.

This is a post conviction writ of habeas corpus proceeding. Art. 11.07, V.A. C.C.P. The petitioner was convicted on June 18,1970, in Taylor County for committing the offense of burglary, in Cause No. 10.566A. The indictment alleges that the offense was committed on or about the 5th day of June, 1970, but the indictment was returned and filed on the 8th day of May, 1970. Since the date alleged is an impossible date the indictment is fundamentally defective. See Moreno v. State, 375 S.W.2d 309 (Tex.Cr.App.1964); Chadwick v. State, 252 S.W.2d 165 (Tex.Cr.App.1952); Carver v.…