Ex Parte Lerma

WOODLEY, Judge.

Appellant Moses Lerma was arrested on August 27, 1958. He was charged by complaint with possession of marijuana and his bond was set at $10,000, which he was unable to give.

A term of the 142nd Judicial District Court, in Midland County, began on September 2, 1958, and a grand jury was empaneled. The grand jury recessed the following day with permission of the court until December 10, 1958. The term of court will terminate some time thereafter.

Appellant sought discharge by habeas corpus, contending that by reason of the grand jury having met, deliberated and recessed without…