Ex Parte Underwood

MORROW Presiding Judge.

Relator was convicted of a misdemeanor and his punishment fixed at a fine of $500 and confine ment in the county jail for a period of six months. He appealed to this court. The judgment was affirmed and the mandate of this court was issued on the 12th day of May and reached the clerk of the court in which the conviction was had on the 15th day of May, 1.922. At the time of the affirmance of the judgment and the receipt of the mandate, appellant was at large on bail. He was not taken into custody. He paid the fine.

The position now taken by him is that although he was not…