Ex Parte Kitchens

This is an original proceeding in habeas corpus. Petitioner alleges that he is unlawfully restrained by the sheriff of Kiowa county.

It appears from the petition and the evidence, and exhibits before the court that before a justice of. the peace of Kiowa county, petitioner was adjudged guilty of a misdemeanor and was sentenced to pay a fine of $1 and costs; that petitioner has served 41 days in the county jail of Kiowa county; that illegal items of costs have been charged in said case; and that the justice of the peace who rendered the judgment is no longer in office and hi¡3 successor is…