Ex parte Tipton

Willson, Judge.

Applicant T. W. Tipton being in custody of the-sheriff of Smith County by virtue of a capias issued from the County Court of said county, upon an information based upon a complaint charging said applicant with unlawfully selling refined kerosene illuminating fluid without first having the same inspected and branded according to law, applied to the county judge of said Smith County for the writ of habeas corpus, and said judge declined to grant said writ; but as the question involved in the case was the validity of a statute, referred the application to this court, requesting…