Ex Parte Nolden

BELCHER, Commissioner.

The relator is confined in the penitentiary under a life sentence assessed by a jury on his plea of guilty in February 1938, for the offense of rape.

By writ of habeas corpus presented in accordance with Art. 119, Vernon’s Ann. C.C.P., he seeks his release on the ground that he was denied his constitutionally guaranteed right to due process of law.

Hearing was had before a District Judge at the conclusion of which the writ was granted and made returnable before this Court.

There are no undisputed facts which sustain the relator’s contention that the conviction is void.…