Ex parte Rusk

KRUEGER, Judge.

This is an appeal from an order of the District Court of Bexar County, Texas, declining to discharge the relator from the custody of the sheriff.

The record discloses that at the January term, A. D. 1925, of the District Court of the 37th Judicial District of Texas, the relator was indicted for the offense of theft of $6,300 from Charles E. Hummel. In the summer of 1928, W. S. Anthony was duly elected Special Judge of the 37th District Court m and for Bexar County, Texas, and duly qualified in the manner and form prescribed by law. At said time there were pending in said court a…