Ex parte Gilbert

POFEENBARGER, JUDGE :

The material facts upon which the .relator founds his claim to right of discharge from the custody of a sheriff, on *659this writ of habeas corpus, are not in controversy. ■ On a warrant, the sufficiency of which is not questioned, he was convicted of a misdemeanor under sec. 31, ch. 32A, Barnes' Code, by a justice of the peace, on the 28th day of July, 1916, and regularly committed to lawful custody. On the next day, the justice, on the motion of his counsel, granted a new trial, fixing the second day thereafter, July 31, 1916, for the hearing thereof. The sheriff failing to…