Ex Parte Eddie Seymour

HAWKINS, Judge.

Relator was indicted in Harris County, Texas, charged with felony theft — the particular charge being the theft of an automobile — on or about July 17th, 1935. The indictment also contained averments to the effect that relator had previous to the commission of the instant offense been twice convicted of other felonies, the purpose of said averments being to bring relator under the ‘habitual criminal’ penalty fixed by Art. 63 P. C. of life imprisonment in the penitentiary on a third conviction. Relator entered a plea of guilty, waiving a jury by approval of the court and the…