Ex parte Grayson

BEAUCHAMP, Judge.

The question before the court is accurately summarized in the following excerpt from the brief filed by the state’s attorney.

“This is an original application for writ of habeas corpus presented to the Court of Criminal Appeals, and the matter was referred to. the Honorable A. S. Mauzey, Judge of the 32nd Judicial District Court, Mitchell County, Texas, to ascertain the facts and certify them to this Court, which has accordingly been done.

“From an inspection of the record before this Court, it appears that relator was tried in the District Court of Mitchell County, Texas, upon…