Ex Parte Kindell

OPINION

WOODLEY, Presiding Judge.

This is an appeal from an order entered in a habeas corpus proceeding attacking the validity of the conviction for negligent homicide affirmed by this Court in Kindell v. State, Tex.Cr.App., 407 S.W.2d 784.

The application for the writ was granted by Hon. Wallace C. Moore, Judge of County Criminal Court at Law No. 2 of Harris County, and appellant was allowed bond.

The judgment appealed from recites that after examining the writ and the return of the Sheriff of Harris County, and all papers and documents attached thereto, “and having heard the testimony offered…