Ex Parte Snyder

DAVIDSON, Judge.

Belabor was convicted in the city court of Cleburne, under an ordinance of that city, for being drunk in a public place. He applied for and obtained a writ of habeas corpus from the county judge of Johnson County, who, upon the hearing of said writ, remanded him to custody, and this appeal is prosecuted from said order.

Motion is made by the Assistant Attorney-General to dismiss the appeal because the record does not show the relator to be in custody. Before a party can resort to the writ of habeas corpus, he must be confined in jail or restrained of his liberty, and, where he…