Ex Parte Daugherty

BEAUCHAMP, Judge.

In an original application made returnable to this court, W. N. Daugherty seeks release from the penitentiary from a conviction in Dallam County on a charge of robbery with firearms. His sentence is dated November 30,-1936, and confines him in the State penitentiary for his natural life. The case was submitted to the jury on the one count and it returned its verdict assessing the penalty at confinement in the penitentiary for life.

The penalty fixed by act of the legislature for the offense charged is death or for a term of years in the penitentiary not less than five.…