Petitioner filed his application for writ of habeas corpus, in the District Court of Brazoria County, seeking his release from the state penitentiary. The court granted the writ, had a hearing and entered judgment on the facts refusing to release appellant, and ordered him returned to the penitentiary.

The record is brought forward without a statement of facts or bill of exceptions. In the state of the record nothing is presented for our consideration.

The judgment is affirmed.