Ex Parte Lee

LAWSON, Justice.

Ward Raymond Lee, who is confined in the penitentiary of this state, filed before a judge of the Circuit Court of Montgomery County a petition praying for his discharge in a habeas corpus proceeding. Lee was unsuccessful. Fie has not appealed from the order of the trial judge, as is authorized by § 369, Title 15, Code 1940, but has filed an original petition for writ of habeas corpus in this court.

In Ex parte Winnagle, 269 Ala. 668, 115 So.2d 261, referred to in Ex parte Thomas, 270 Ala. 411, 118 So.2d 738, and in Ex parte Rockholt, 271 Ala. 68, 122 So.2d 162, we said:

“Since…