Owens v. Abram

Upon motion for rehearing the original opinion is withdrawn and the following substituted therefor.

COMPTON, Justice.

This is an original habeas corpus proceeding. The writ was first applied for and a hearing was had upon the question here presented before the Honorable David W. Carmody, Judge of Division 1 of the First Judicial District, and relief being denied, petitioner filed this original proceeding and we granted a temporary writ directing the respondent to have petitioner brought before us.

The essential facts are stipulated. On October 13, 1953, petitioner was charged by information with…