State ex rel. Miller v. Kelly

CARROLL, Associate'Justice.

In the exercise of original jurisdiction, this court issued a writ of habeas corpus, on the petition of the state on relation of. one Rose Miller, who sought thereby to." obtain release from the second six months, of a one year jail sentence which she wasi serving.

At the outset we are confronted with a defense of res adjudicata asserted in the' response, consisting of a contention that this action may not be brought because a' judgment of remand continues in force rendered in an earlier habeas corpus action sued out by this relatrix which involved the same question…