Ex Parte Elgan

This is an application for writ of habeas corpus by petitioner, James M. Elgan, for discharge from imprisonment by R. W. Dick, warden of the state penitentiary at McAlester. The petitioner alleges that his restraint is illegal, because he is confined by a commitment from the district court-of Texas county, pursuant to a judgment of conviction for a felony, rendered in said court by one W. C. Crow,, sitting as special judge; that the Honorable R. H. Loofbourrow, regular district judge, was disqualified to sit in this case, because he was prosecuting attorney in the case prior to his election…