Ex Parte Cupp

KRUEGER, Judge.

This is an appeal from the action of Hon. W. D. Howe, Judge of the 34th District Court of El Paso County, declining to discharge relator from the custody of the sheriff of El Paso County upon the hearing of his application for a writ of habeas corpus.

Relator was held under the following Executive Warrant issued by the Governor of the State of Texas, to-wit:

“IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS

“EXECUTIVE DEPARTMENT

“TO ALL AND SINGULAR THE SHERIFFS, CONSTABLES AND OTHER CIVIL OFFICERS OF SAID STATE:

“WHEREAS, it has been made known to me by the Governor of the…