Ex parte Coon

MtlleR, Judge:

Having been indicted, tried and convicted of murder in the Intermediate Court of Kanawha County, the petitioner by writ of habeas corpus seeks his discharge from imprisonment in the penitentiary, to which he was sentenced by the judgment of said court.

The grounds alleged and sought to be sustained by the record of the judgment of imprisonment aforesaid are, that he was indicted at the January term, 191£, of said court, and that thereafter and before he was put upon his trial at the January term, 1917, and when he was called upon, but refused to plead to said indictment, three…