Ex Parte Hollingsworth

This is an original proceeding in habeas corpus; the petitioner alleges that he is illegally restrained of his liberty in the jail of Dewey county by the sheriff. That such restraint is by virtue of a judgment and sentence of the district court of said county in a prosecution on a charge of murder wherein petitioner was convicted of manslaughter in the first degree and was sentenced to serve a term of eighteen years in the state penitentiary. That the court was without jurisdiction to render judgment in said case, for the reason that after the impaneling, of the jury for the trial of…