Ex Parte Stewart

BELCHER, Judge.

This is an original application for a writ of habeas corpus to this court, relator being confined in the penitentiary under sentence of 2 to 7 years from Wichita County.

The judgment of the trial court, a jury being waived, adjudged relator guilty of the offense of “swindling with a worthless check as charged in the indictment,” and that he be confined in the penitentiary for seven years.

The indictment shows that the relator was charged with the offense of obtaining personal property with the intent to defraud by drawing a check in the amount of Fifty Dollars or more without…