McCullough v. Hudspeth

The opinion of the court was delivered by

Thiele, J.:

This is an original proceeding commenced in this court by the petitioner against the warden of the state penitentiary and the attorney general for a writ of habeas corpus to secure peti*40tioner’s release from custody and to prevent his being returned to Russell county for trial on an information to which reference is later made. The attorney general’s motion that the proceeding be dismissed as to him has been sustained heretofore.

The petitioner’s claim of right to release grows out of the following facts, which are not in dispute.

On January 3,…