In re Justus

*548The opinion of the court was delivered by

Cunningham, J-.:

This is an original proceeding in habeas corpus. The petitioner is confined in the penitentiary, at Lansing, Kan., by virtue of a judgment of the district court of the fourth judicial district of the territory of Oklahoma, for Kay county. The return of the warden sets up in full the order of that court for the confinement of the petitioner. To this return petitioner demurs. We greatly doubt whether, in this condition of the pleadings, the question sought to be raised is properly presented, but, waiving this, we look into the merits of…