Ex parte Mitchum

[1] This is an original application to this court for a writ of habeas corpus seeking relief from an álleged illegal restraint /of applicant by the sheriff of Wise county. Applicant is under indictment in said county for illegally manufacturing intoxicating liquor. His restraint is by virtue of a warrant issued under said indictment. He says that such restraint is illegal because he has been convicted in another court of competent jurisdiction, to wit, the United States District Gourt for the Northern District of Texas, of the same offense charged in said indictment pending in Wise county. He…