Ex Parte Jackson

PRENDERGAST, Judge.

Appellant was indicted for the theft of an automobile of the value of $2700, which was alleged to have occurred December 1, 1917. He was convicted in one of the District Courts of Tarrant County on January 21, 1918, on his plea of guilty and his punishment assessed at four years in the penitentiary.

On January 26th before the judge of the same court in which he was convicted, he sued out a writ of habeas corpus, as we understand, under two theories. First, that the theft of an automobile whatever the value was merely a misdemeanor under section 1 of the Act of April 2, 1913,…