OPINION
DOUGLAS, Judge.
This is a post conviction habeas corpus proceeding instituted under Article 11.07, V.A.C.C.P., in which petitioner seeks to set aside his 1959 conviction for murder with malice. No appeal was taken.
In 1958 petitioner was twice indicted for the offense of murder with malice in companion cases. Trial on the first indictment before the Criminal District Court in Bexar County resulted in a hung jury and a mistrial was declared...
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