Ex Parte Teague

CHRISTIAN, Judge. —

Relator was convicted of a misdemeanor and his punishment assessed at a fine of one dollar. The costs amounted to $13.75. On the 9th of July, 1937, relator paid $10.00 on the fine and costs, but declined to pay $4.75 which had been taxed as fees of the constable. On the 10th day of July, 1937, the justice of the peace issued a capias pro fine, by virtue of which the relator was arrested and lodged in jail. Thereafter he made application for a writ of habeas corpus on the allegation that he was illegally restrained of his liberty. The writ having been awarded, a hearing was…