Ex parte Rodriguez

DICE, Judge.

*306This is an original application for a writ of habeas corpus by which relator seeks his release from the Texas Prison System.

The record reflects that relator and Pedro R. Amador were jointly charged by indictment in Cause No. 1425 in the 105th Judicial District Court of Kleberg County with the offense of burglary in the first count and felony theft in the second count. The indictment further alleged a prior conviction of the relator for the purpose of enhancing the punishment for the offense charged in the first count.

On April 15, 1957, the relator waived a jury and entered a plea…