Ex parte Eastham

Brannon, Judge:

Eastiiam, being confined in the jail of Tucker County under a mittimus from a justice and an indictment for murder, obtained from a judge of this Court a writ of habeas corpus seeking discharge, or, if that be not granted, *638then that he he granted bail. As to his application for release on grounds alleged to work the nullity of the indictment, I can not favor it, for reasons given in my opinion in the case of prohibition, this term, of Eastham v. Holt, 27 S. E. 883. And, if the indictment were even void, that would not discharge, for there is the commitment by the justice,…