GRAVES, Presiding Judge.
Relator alleges as a ground for the granting of his application for writ of habeas corpus that on January 18, 1940, he plead guilty in a capital case in Bell County, waived a jury, and was sentenced by the trial court for a term of not less than two nor more than ninety-nine years in the state penitentiary.
It is shown herein by an instrument filed by the General Manager of the state penitentiary that relator has heretofore been convicted...
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