Ex Parte Nicely

CHRISTIAN, Judge.

This is an appeal from an order of the district court of Wichita County upon a habeas corpus hearing remanding appellant to the custody of the sheriff of said county.

Appellant was arrested pursuant to instructions contained in a telegram received from the chief clerk of the penitentiary. This telegram read as follows: “Huntsville, Texas, March 19, 1930. F.- L. Burns, Chief Police, Wichita Falls, Texas. Hold Hope Nicely for our transfer agent. Sheriff Nacogdoches is through with him. J. W. Denton, chief clerk.” The foregoing telegram was attached to the return of the sheriff…