Ex Parte Houston

On Rehearing.

POWELL, J.

In petition for rehearing, counsel urge:

*59“That said decision is in conflict with an express statute, to which the attention of the Court has not been called in this case, either in brief or oral argument, or which has been, overlooked by the Court.”

While, as stated, petitioner did not raise in his petition for writ of habeas corpus, the question now interposed, and the same was not by this court directly treated, and ordinarily would not at this time be considered, yet, by reason of the nature of the proceedings and the question being one of first impression in this…