Ex Parte Church

WOODLEY, Judge.

This is an original application to this court for writ of habeas corpus. Relator, an inmate of the penitentiary attacks the validity of the conviction which he is serving.

The conviction was had in Cause No. 303 in the district court of Culberson County. It is shown that upon a plea of guilty to a charge of robbery by assault before the court, a jury being waived, judgment was entered which recites that relator’s punishment be assessed at “a term of not less than five years nor more than fifteen years.”

On Ap/ril 3Ó, 1956, this application being presented to the writer, request…