Ex parte Oates

CLEGG, District Judge., It is conceded by both parties to this proceeding that the justice court had jurisdiction of the person of defendant and of the offense of assault on the inception of the trial, and that the commitment itself is regular, except that it purports to authorize imprisonment for nonpayment of costs, and the effect of such a provision in the commitment is made a subject of controversy.

The main contention of petitioner, however, is that the trial proceedings were vitiated and rendered void in selecting the jury, and that therefore all subsequent proceedings were and are void…