Ex Parte Elliott

OPINION

W.C. DAVIS, Judge.

This is an application for a writ of habeas corpus pursuant to Art. 11.07, V.A. C.C.P. Applicant was convicted of the offense of gambling promotion, V.T.C.A., Penal Code, § 47.03(a)(2), and sentenced to a seven-year term of confinement in the Texas Department of Corrections with a five-thousand dollar fine. Applicant has since been released on parole after serving a part of his sentence but remains “in custody” for purposes of this application.1

Applicant asserts that the indictment in cause number 349,395-B was fundamentally defective as it did not allege that…