Ex Parte Click

This is an original proceeding in habeas corpus to be let to bail. Petitioner alleges that he is unlawfully restrained by the sheriff of Pontotoc county. That he is charged with murder for the killing of one J. D. Sloan, and upon a preliminary hearing before a magistrate was held without bail for the district court of Pontotoc county. That the proof is not evident nor the presumption great.

An examination of the transcript of the testimony taken at the preliminary hearing discloses that on the date charged petitioner made an unprovoked assault on the deceased Sloan. Eyewitnesses testified that…