Ex Parte Atkinson

MORRISON, Presiding Judge.

Relator, an inmate of the Texas Prison System, seeks his release by writ of habeas corpus.

The writ was granted by the Honorable Max M. Rogers, Judge of the 12th Judicial District, and made returnable to this court in accordance with the terms of Article 119, V.A.C.C.P.

It was shown from the record herein that relator was convicted on December 3, 1935, in the district court of Hidalgo County of felony theft and repetition of offenses under Article 63, V.A.P.C., and sentenced to life imprisonment.

An examination of the indictment reveals that the primary offense was…