Ex Parte Byrd

HAWKINS, Judge.

— Appellant was convicted in the district court of Nacogdoches County of a felony, to-wit: driving an automobile upon a public road while appellant was intoxicated. His punishment was assessed at a fine of $25.00. There was taxed against appellant as costs the sum of $74.45. He tendered payment of the fine which was refused unless the costs were also paid. A capias pro fine was issued against him and he sought release by habeas corpus proceeding, again tendering in court the $25.00 fine, but contended that under the law he could not be held under a capias pro fine for the…