Ex parte Sistrunk

WOODLEY, Presiding Judge.

This is an application for writ of habeas corpus by an inmate of the penitentiary attacking as void his conviction in Criminal District Court No. 2 of Dallas County, affirmed by this court in Sistrunk v. State, 331 S.W. 2d 323.

The indictment against the applicant charged him with the offense of assault with intent to murder with malice, and for the purpose of enhancement of punishment alleged that prior to the commission of said offense he had been convicted of assault with a deadly weapon with intent to commit murder, a felony less than capital of like character, in…