State ex rel. Courtney

The opinion of the court was delivered by

Breaux, J.

The relator being in confinement in the jail of the parish of Calcasieu applied for a writ of habeas corpus, alleging that his imprisonment was without authority of law.

*686An order nisi was issued upon the petition in the usual form.

The trial judge in his answer controverts the grounds upon which the relator claims to have been placed in jeopardy.

The prominent facts are that a jury had been empaneled, the evidence had been heard when the court adjourned on Saturday night to the following Tuesday. The two intervening days were dies non. A copy of…