Ex Parte Koen

McCORD, Judge.

This is an appeal from the action of the court below in refusing to discharge the relator on a writ of habeas corpus. Relator had been arrested on a capias profine issued by C. J. Tyler, justice of the peace of Precinct Ho. 6, Shelby County, Texas, on the 14th day. of December, 1909. Relator being in custody by virtue thereof, sued out a writ of "habeas corpus before the county judge of Shelby County, asking his release. The writ was issued as prayed for, and the sheriff made his return that he held relator on a capias pro- fine on a conviction for failing to work the road after…