Ex Parte Bird

OPINION

ONION, Judge.

This is a post conviction habeas corpus proceedings.

The petitioner was convicted in 1967 of burglary with intent to commit theft in the 47th District Court of Potter County. As a result of the two prior convictions alleged for enhancement, the punishment was assessed at life under the provisions of Article 63, Vernon’s Ann.P.C. Such conviction was affirmed by this Court. 423 S. W.2d 919.

Petitioner filed his application for habeas corpus in the. convicting court on July 30, 1969. Thereafter, without an evidentiary hearing, the trial court denied the same on September 4,…