OPINION
ONION, Judge.
This is an original application for writ of habeas corpus brought by the petitioner seeking his release from the Texas Department of Corrections. He challenges the legality of his conviction as an habitual criminal in Cause No. 16051 in the Criminal District Court of Jefferson County on July 18, 1945. His grounds are that at such time he was indigent, was not represented by counsel and that he did not waive his right to counsel.
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