Ex parte Richardson

OPINION

GREEN, Commissioner.

This is a post conviction habeas corpus proceeding brought under the provisions of Article 11.07, Vernon’s Ann.C.C.P., and in accordance with the holding in Ex parte Young, Tex.Cr.App., 418 S.W.2d 824.

Petitioner was convicted of the offense of burglary in the 47th District Court of Potter County in Cause No. 10,389 on May 11, 1959, and assessed an eight year probated sentence by the Court. No appeal was taken. On May 16, 1961, petitioner’s probation was revoked, and he was committed to the Texas Department of Corrections to serve out this sentence.

Petitioner filed…