In re Titcomb

Opinion of the Court, by

Judd, C.J.

This is an appeal from Judge Whiting of the Circuit Court, First Circuit, refusing to discharge the petitioner from the custody of the Marshal, the case, in his opinion, disclosing errors not cognizable on habeas corpus. Tbe petition sets forth that petitioner was, at tbe March Term of tbe Circuit Court, Fifth Circuit, sentenced to pay a fine of $25 and be imprisoned at bard labor for tbe term of two years for tbe offense of assault with a dangerous weapon. Tbe mittimus under which tbe petitioner is held describes tbe offense an “ assault with a dangerous…