Ex parte McMillan

WOODLEY, Judge.

Relator is in custody under mandate issued in our Cause No. 29,486, wherein the revocation of probation was affirmed. McMillan v. State, (page 15, this volume), 310 S.W. 2d 116.

His application for writ of habeas corpus to test the legality of his sentence was granted by District Judge A. J. Bryan, who presided at the felony trial and who revoked the probation. It was made returnable before this court.

The record of the evidence offered at the hearing on the writ is before us. It shows that at the trial in Hill County^ relator waived a jury and pleaded guilty before the court to…