Ex Parte Pittman

*302DAVIDSON, Judge.

This is an original application for the writ of habeas corpus, by which relator seeks his discharge from the penitentiary of this state, where he claims he is illegally restrained under a void judgment and sentence.

We granted the filing of the application and directed the development of the facts, as provided and contemplated by Art. 119, C. C. P., as amended.

The facts developed are now before us.

Relator was charged in the 53rd Judicial District Court of Travis County, by indictment, with the offense of felony theft.

On March 7, 1952, the case came on for trial and, as relator…