Ex Parte Rubens

LA PRADE, Justice.

This proceeding presents an appeal from an order of the Superior Court of Maricopa County denying the discharge of appellant on a writ of habeas corpus that had theretofore been issued for the purpose of inquiring into the legal cause for the arrest and detention of' appellant by the respondents below. By the response of Earl O’Clair, Chief of Police of the City of Phoenix, he admitted that appellant was physically confined in the city jail of the city of-Phoenix which was under his jurisdiction; alleged that he had had physical and legal custody of appellant under and…