Ex Parte Sanders

Appellant was found guilty by a jury and assessed one year in jail and a fine of $1.00 in a negligent homicide case. The judgment became final and capias was issued.

Following his arrest under the capias, release by habeas corpus was sought in his behalf, alleging that he was illegally restrained under the judgment and capias.

The writ was granted and hearing was had, following which appellant was remanded to custody. He appeals from such order.

The contention is that the complaint and information alleged that he was engaged in the performance of an act made punishable by Art. 801 (A) V.A.C.C.P.…