Ex parte Herring

GRAVES, Presiding Judge.

Relator alleges as a ground for the granting of his application for writ of habeas corpus that on January 18, 1940, he plead guilty in a capital case in Bell County, waived a jury, land was sentenced by the trial court for a term of not less than two nor more than ninety-nine years in the state penitentiary.

It is shown herein by an instrument filed by the general manager of the state penitentiary that relator has heretofore been convicted in Bell, Bosque, Madison and Lampasas Counties, as well as the Bell County conviction, and that at the present time relator is still…