Ex Parte Hunt

HAWKINS, Judge.

Relator presents an original application for writ of habeas corpus to this court, contending that he is entitled to. bail. The question arises upon the construction of the new statute upon murder, the form of the indictment in the present prosecution, the effect of submitting the case to the jury upon a count of the indictment which omitted the averment that the killing was upon malice aforethought, and the abandonment of a good count charging murder upon malice aforethought.

Tersely stated, relator contends that he was in jeopardy on the count of the indictment which did allege…