Ex Parte Firmin

(dissenting). — This case and cause No. 908 against the same relator are practically identical. The record shows that after suing out a writ of habeas corpus, which was filed and granted on 18th day of October of this year, that on the same or next day the cause came on to be heard before the court when there was introduced by the State the indictment returned against relator, the' warrant of arrest issued thereon, and the sheriff’s return showing the due execution of such process, and that no other or further testimony was offered and admitted. On this showing the majority of the court…