Parker v. Tullos

Wilson Parker, appellant, filed his petition for a writ of habeas corpus in the circuit court of Smith county, addressed to the judges of the supreme court, or the chancellor, or the circuit judge, of that judicial district. Hie alleged that, on a charge of murder, he was unlawfully detained by the sheriff of that county because he had been remanded to jail without bail by a justice of the peace. He prayed for a writ of habeas corpus, and that he be enlarged upon bail.

The sheriff answered that he held the defendant, the relator, by virtue of a mittimus issued by Miller, the justice of the…