Ex Parte Holley

WOODLEY, Judge.

This is an original application for writ of habeas corpus.

Relator is confined in the penitentiary under a life sentence in Cause No. 1268 in the district court of Carson County, dated October 4, 1954, the offense being felony theft. The punishment was enhanced under Art. 63 P.C. by reason of a conviction for forgery in the State of Oklahoma in 1947, and a felony theft conviction in Bailey County, Texas, in 1950.

The indictment is insufficient in law to support a life term under Art. 63 P.C., because there is no allegation that the theft for which relator was convicted in 1950…