NOEL, District Judge.
This case is before the Court upon the petition of Earl Gene Tomlin, hereinafter called petitioner, an inmate of the Texas Prison System, for writ of habeas corpus.
On June 9, 1959, in Criminal District Court No. 3 of Harris County, Texas, petitioner was convicted of the offense of unlawful possession of a narcotic drug and was found to be an habitual criminal under Art. 63 of the Vernon's Ann. Texas
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