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EX PARTE RODRIGUEZ

No. 40319.

413 S.W.2d 919 (1967)

Ex parte Manuel Montoya RODRIGUEZ.

Court of Criminal Appeals of Texas.

April 19, 1967.

Attorney(s) appearing for the Case

Maloney & Black by Frank Maloney, Austin, for appellant.

Thomas D. Blackwell, Dist. Atty., W. T. McDonald, Jr., Asst. Dist. Atty., Austin, and Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

An indictment is pending in the 147th District Court of Travis County, Texas, charging that appellant was guilty of driving while intoxicated as a second offender in that he had theretofore been convicted in 1958 for the misdemeanor offense and thereafter in 1966 drove a motor vehicle while intoxicated.

By writ of habeas corpus appellant seeks to challenge the validity of the 1958 conviction prior to trial on the merits for...

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