Ex Parte Salisbury

MORROW, Presiding Judge.

— From an order remanding the relator to the custody, of the sheriff on a habeas corpus hearing, he appeals to this court. Relator had been convicted of aggravated assault with punishment fixed at a fine of $450, from which judgment he appealed to this court and an order of affirmance was entered on December 14, 1921, as shown by the reports. See 90 Texas Crim. Rep., 439.

The mandate of this court was issued on the 31st of December, 1921, and filed in the District Court of Clay County immediately after its issuance. At the time his case was affirmed, the relator was at…