Ex Parte Higginbotham

WOODLEY, Presiding Judge.

This is an original application for writ of habeas corpus by which the petitioner seeks his release from the penitentiary on the ground that he was not represented by counsel when he waived a jury and pleaded guilty before the court

On January 30, 1964 the petitioner entered his plea of guilty in Cause No. 686S6 before the Criminal District Court of Tarrant County to the offense of robbery and waived a trial by jury. There being no showing that the defendant was indigent, no attorney was appointed to represent him.

Art. 10a, Vernon’s Ann.C.C.P., provides that before a…