Ex Parte Marsh v. Bartlett

Original proceeding, in habeas- corpus instituted by the petitioner to secure release from the custody, of respondent, Har rison Bartlett, sheriff of Dallas County. ' The issue is framed by respondent’s return to said petition (by stipulation taken as and for our writ), the petitioner’s answer to said return, and respondent’s motion for- judgment on the pleadings.- No questions of fact are in dispute. The facts follow:

Petitioner was arrested on May 28, 1938, upon a warrant issued by a justice of the peace for Benton township in said county, charging the petitioner with catching a large-mouth…