Ex parte Everett

OPINION

CLINTON, Judge.

This is an application for a postconviction writ of habeas corpus pursuant to Article 11.07, Vernon’s Ann.C.C.P.

*555The petitioner alleges that he is unlawfully confined and restrained of his liberty by virtue of his convictions for obtaining a controlled substance by fraud which was founded upon a fundamentally defective indictment.1

The indictment alleges that:

“BRUCE EVERETT on or about the 13th day of July, in the year of our Lord, One Thousand Nine Hundred and Seventy-Seven in the County of Lamar and State of Texas, anterior to the presentment of this Indictment, did…