Ex Parte Jim Wade

BEAUCHAMP, Judge.

This is an original proceeding, a statement of the nature of which, together with the questions - of law involved, are accurately set forth in a brief filed by the State’s Attorney from which we copy the following:

■ “The Relator has filed an original application in the Court of Criminal Appeals praying for a writ of habeas corpus. He alleges in his application for a writ of habeas corpus that he is being held by W. E. Floyd, Constable of Precinct No. 1 of Upshur County, Texas, by virtue of a capias pro fine issued by the County Clerk of Upshur County, Texas, in cause No.…