Ex parte O'Dare

DAVIDSON, Judge.

This is an application for an original writ of habeas corpus.

On February 1st, 1933, relator was, upon his plea of not guilty, convicted, in the District Court of Fayette County, of the offense of robbery with firearms, and his punishment was assessed at confinement in the State Penitentiary for life.

Relator is now a convict in the State penitentiary, serving said sentence, and he has so served continuously for more than five years.

The disposition of this case is governed and controlled by the authority of Ex parte Erwin, 170 S. W. (2d) 226, which is directly in point. No…