Ex Parte Foight

WOODLEY, Judge.

Relator seeks his discharge from the penitentiary where he has served more than five years of a life sentence for robbery with firearms.

Under the prior holdings of this court we have no alternative other than to order his discharge, and the state so confesses.

The authorities holding the life sentence excessive, and the portion thereof in excess of the five year minimum void, include Ex parte Erwin, 145 Texas Cr. Rep. 504, 170 S.W. 2d 226; Ex parte O’Dare, 146 Texas Cr. Rep. 162, 172 S.W. 2d 336; Ex parte Wheat, 146 Texas Cr. Rep. 171, 172 S.W. 2d 344; Daugherty v. State, 146…