Ex Parte Smith

OPINION

DALLY, Judge.

This is a post-conviction application for writ of habeas corpus brought under Art. 11.07, Y.A.C.C.P. Petitioner seeks relief from his conviction following a plea of guilty to the offense of aggravated rape.

Appellant contends that the indictment is fatally defective for failure to include a necessary element of the offense. He also contends that since the complaining witness was his daughter his prosecution should have been governed by the incest statute.

Petitioner pled guilty to the first count of a three-count indictment. This count reads, in pertinent part:

“Jesse Russell…