In re Pierce

— This is an application by E. W. Pierce, by petition, for a writ of habeas corpus. The petitioner claims that he is unlawfully restrained of his liberty by the warden of the state penitentiary of the state of Idaho under the following circumstances: That prior to December 4y 1901, an information by the public prosecuting attorney of Canyon county was filed in the district court of the third judicial district, in and for Canyon county, charging the petitioner with the crime of embezzlement, to which information the defendant filed a demurrer. That on the fifth day of December, 1901, the said…