Ex Parte State Ex Rel. Attorney General

FOSTER, Justice.

The question in this proceeding is whether Cecil Flummer is subject to trial at this time on indictments returned into court on December 9, 1938. At that time he was in the penitentiary of Alabama under a judgment of conviction in the same court and sentenced to thirty-five years in the penitentiary. That judgment was rendered on November 1, 1938. On the indictments returned December 9, 1938, capiases were issued which have never been served, and no further action was taken on them until December 12, 1950. The sheriff of Jefferson County, where the defendant was indicted on…