In Re Moffett

Petitioner filed his petition for a writ of habeas corpus to secure his release from the jail of Tulare County, where he was confined by the sheriff under a judgment of a justice of the peace sitting in Orosi Township in Tulare County. The only return made by the sheriff to the writ is the order under which petitioner was held. Its sufficiency is not attacked and for the purposes of this opinion we will assume its sufficiency tad proper form. No brief has been filed on behalf of the sheriff or in support of the legality of the detention- of petitioner.

The facts shown by the record before us…