Ex parte Ambrose

KRUEGER, Judge.

This is an appeal from an order of the Honorable Otis T. Dunagan, Judge of the 7th Judicial District Court of Texas, declining to discharge appellant from the custody of the sheriff upon the hearing of a writ of habeas corpus.

It appears from the transcript that appellant was tried and convicted in the District Court of Upshur County of the offense of rape and his punishment assessed at confinement in the State penitentiary for a period of five years, from which judgment of conviction he appealed to this court; that upon final submission of the case to this court the judgment of…