Ex parte Johnston

BELCHER, Judge.

Relator, an inmate of the Texas Penitentiary, seeks his release by writ of habeas corpus. His application for such writ was presented to the Honorable Maxwell Welch, Judge of the Fifth Judicial District, Bowie County, Texas, and after a hearing, the writ was granted and made returnable before this court in accordance with Art. 119, Vernon’s A.C.C.P., and relator was remanded to the custody of the sheriff pending final disposition thereof.

The record in the case shows:

Relator was convicted on December 9, 1949, upon his plea of guilty, in the Criminal District Court of Bexar…