Ex Parte Spann

Appellant was convicted in the justice court on a complaint charging him with having in his possession during the closed season one quail, which is described as a game bird. The punishment was assessed at a fine of ten dollars, and, failing to pay the fine, appellant was placed in the custody of the sheriff. Thereafter he made application to the county judge for a writ of habeas corpus, alleging that there was no statute prohibiting the possession of game birds during the closed season. The writ was issued and upon a hearing appellant was remanded to custody. Hence this appeal.

Article 923,…