Ex Parte McCarter

415 S.W.2d 409 (1967)

Ex parte Billy Wayne McCARTER.

No. 40352.

Court of Criminal Appeals of Texas.

April 26, 1967.

Rehearing Denied May 31, 1967.

W. T. Bennett, Huntsville, for petitioner.

Howard M. Fender, Asst. Atty. Gen., Austin, Gus L. Lanier, Dist. Atty., Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

BELCHER, Judge.

This is a habeas corpus proceeding under Art. 11.07, Vernon's Ann.C.C.P.

The evidence heard by the trial judge on the hearing of relator's application for the writ was as follows:

On July 6, 1953, in the Criminal District Court of Dallas County, relator, having waived a…