Ex Parte Cross

OPINION

ONION, Judge.

This is an original application for Writ of Habeas Corpus brought by the applicant seeking his release from the Texas Department of Corrections. He challenges the legality of his conviction as an habitual criminal in Cause No. 10,890, in the District Court of Robertson County on July 20, 1939. His grounds are that at such time he was indigent, was not represented by counsel, that he did not waive his right to counsel, and that likewise at the time of the prior convictions alleged he was without counsel. Applicant first presented his application to the convicting court as…