Ex Parte Canady

OPINION

PHILLIPS, Judge.

This is an application for writ of habeas corpus filed pursuant to Art. 11.07, V.A.C. C.P.

*267On May 14,1970, petitioner was convicted by a jury of robbery with firearms in Cause No. 10,197 in the 196th Judicial District Court of Hunt County. Punishment was assessed at 45 years’ imprisonment, and the appeal was not perfected.

Petitioner’s application alleges the indictment upon which he was convicted is fundamentally defective, an issue which may be properly raised in a post conviction writ of habeas corpus. Ex parte Garcia, Tex.Cr.App., 544 S.W.2d 432; Ex parte Lopez,…