Cole v. Wherly

The appellant in the lower court filed a verified petition for a writ of habeas corpus■. The writ was issued and the appellee filed his verified return and the appellant filed exceptions to the return. The court overruled the exceptions and the court rendered judgment for appellee.

The error relied upon by the appellant is that the court erred in overruling appellant’s exceptions to appellee’s return to the writ of habeas corpus.

It appears from the record that on December 15, 1929, an affidavit was filed against the appellant for intoxication before C. W. McLaughlin, a justice of the peace of…