Fortenberry v. State

Ethridge, J.,

delivered the opinión of the court.

This is an appeal from a judgment in a habeas corpus proceeding, denying the appellant’s petitionjtherefor.

In the petition the appellant alleged that he was indicted by the grand jury of Marion county on the 17th day of December, 1926, on a charge of “false pretense,” which consisted of giving a deed of trust to the beneficiary therein without disclosing a former deed of trust upon the same property given to another person at a prior date. The appellant alleged that on the 22d day of December, 1926, he was arraigned in* the circiiit court on…