Ex Parte Harper

As clearly and accurately pointed out by the Attorney General, from whose excellent brief we quote, “this petition for writ of habeas corpus must be denied for the following reason: The petition fails to set up any facts tending to show that the petitioner should not be held, under bail, on the original warrant to answer the charges in the affidavit.” The cause is still pending in the circuit coprt where it must be tried de novo.

The appeal having been perfected to the circuit court, there is no authority of law for dismissing same. Code, §§ 3250 and 3251, relate only to appeals taken to the…