Ex Parte Buchanan

OPINION

CLINTON, Judge.

This is a post-conviction habeas corpus proceeding pursuant to Article 11.07, V.A.C. C.P. Petitioner was convicted of the offense of murder on May 14, 1969 and on appeal, the judgment was affirmed. Buchanan v. State, 453 S.W.2d 479 (Tex.Cr.App.1970). The petitioner asserts that the judgment of conviction is void in that he was not provided an examining trial as required by Article 2338-1, § 6(j), Y.A.T.S. (repealed) before the indictment was returned by the grand jury. 1 For reasons more fully developed below, we agree with petitioner’s assertion and, accordingly, grant…