Ex Parte Byrd

BEAUCHAMP, Judge.

This is an original application for the writ of habeas corpus, by which relator seeks his discharge from the penitentiary.

Relator was charged by indictment in the district court of Burleson County with the offense of assault with intent to murder with malice. The venue of the trial was changed to the district court of Washington County, where, upon trial, relator was convicted for the offense of assault with intent to murder without malice and his punishment assessed at three years’ confinement in the penitentiary.

Upon appeal to this court that conviction was reversed. See…