Ex parte Bergen

Willson, Judge.

Appellant was charged by complaint before a justice of the peace with the offense of sodomy, and upon an examination of the case the justice held him to bail in the sum of one thousand dollars. Appellant applied to Hon. A. J. Hood, judge of the District Court, for a writ of habeas corpus, which was granted, and upon a hearing of the same, Judge Hood remanded appellant to the custody of the sheriff in default of bail in the sum of five hundred dollars, and from this judgment appellant now appeals to this court.

It is contended by appellant’s counsel that “sodomy” is not an…