Ex Parte Millsap

On June 27, 1911, pursuant to the prayer of his petition, one of the justices of this court ordered that a writ of habeas corpus issue, directed to the sheriff of McClain county, by whom petitioner alleged himself to be illegally restrained of his liberty. He further alleged the cause thereof to be a certain judgment of conviction on an indictment for larceny and sentence thereon of the district court of said county that he be confined in the state penitentiary for one year, which said judgment he says is void for want of jurisdiction, and from which, in due time, lie prosecuted, by petition…