Ex Parte Polly

HAWKINS, Judge.

On the 24th day of July, 1928, appellant was convicted of a misdemeanor in the county court at law of El Paso County and his punishment assessed at imprisonment in the county jail for thirty days. The costs taxed against him amounted to $185.55. He was placed in jail on the 26th day of July and on the 30th day of October sought release by habeas corpus proceedings before the judge of the court in which he was convicted. From an order remanding him appellant prosecutes .this appeal.

A decision of the question presented depends upon the construction- of present Article 793, C. C.…