Ex parte Thomas

Court of Criminal Appeals of Texas

Ex parte Thomas

404 S.W.2d 596, 1966 Tex. Crim. App. LEXIS 1071

Procedural entryThis page is a short order in Ex parte Thomas. Read the opinion of the Court — 1968 Tex. Crim. App. LEXIS 982 →

Court of Criminal Appeals of Texas·Decided June 25, 1966·No. No. 39757·Published

Opinion

[597]*597OPINION

MORRISON, Judge.

Petitioner has filed his original application for writ of habeas corpus alleging that he was tried without benefit of counsel before a jury on his plea of not guilty to the charge of theft of a cow, two prior convictions being alleged for the purpose of enhancement. Conviction was had in 1940 with a life sentence being imposed.

Petitioner alleges as a ground for not having applied for a writ before this application the following: “Petitioner was without funds to retain legal advice needed.”

We are not constrained to construe this as an allegation of indigency at the time of his trial in 1940.

The writ of habeas corpus is denied.

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[597]*597OPINION

MORRISON, Judge.

Petitioner has filed his original application for writ of habeas corpus alleging that he was tried without benefit of counsel before a jury on his plea of not guilty to the charge of theft of a cow, two prior convictions being alleged for the purpose of enhancement. Conviction was had in 1940 with a life sentence being imposed.

Petitioner alleges as a ground for not having applied for a writ before this application the following: “Petitioner was without funds to retain legal advice needed.”

We are not constrained to construe this as an allegation of indigency at the time of his trial in 1940.

The writ of habeas corpus is denied.

Ex parte Thomas, 404 S.W.2d 596, 1966 Tex. Crim. App. LEXIS 1071 (Tex. 1966).

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