Ex Parte Ellis

PRENDERGAST, Judge.

The application for writ of habeas corpus herein and the agreed facts show that relator was duly indicted by a grand jury of said county for assault with intent to rape—a felony; that when the cause came on for trial he filed proper affidavit alleging that he was under seventeen years of age. The court heard the evidence thereon and found that he was under that age. He thereupon ordered the cause dismissed from the docket of the District Court and transferred it to the juvenile docket of that court. The court then on the indictment alone, without any complaint or…