Ex parte Whitten

GRAVES, Judge.

Relator, an inmate of the state penitentiary, has filed his application for a writ of habeas corpus alleging that he was indicted on August 26, 1938, in Hopkins County, Texas, in Cause No. 7732 therein, wherein he was charged with robbery with firearms. Upon his plea of guilty, a jury assessed a penalty of a life term in the state penitentiary, and the trial court entered its judgment thereon in the following terms:

“it is the order of the court, that the Defendant, Arthur Whitten, who has been adjudged to be guilty of Robbery with fire arms, and whose punishment has been…