Ex parte Dudley v. State

DeNT, Judge :

James Dudley complains of a judgment of the circuit court of Mingo county, refusing to discharge him from custody on a writ of habeas corpus as being illegally held to answer an indictment against him found at the September term, 1899, and which was retired from the docket on the 8th day of January, 1901, and re-instated thereon by the order of the court on the 8th day of June, 1903, and a capias to answer the same under which he is now held in custody.

The statement of facts is as follows:

“On the 21st day of May, 1895, James Dudley was convicted of a felony in the circuit court…