Ex Parte Marshall

HARPER, Judge.

The statement of facts filed in this cause shows that relator was indicted by the grand jury of Grayson County on August 9, 1913, charged with a violation of article 597 of the Penal Code. A capias was issued by the clerk of the District Court on the same day, and appellant was arrested and placed in jail.

The validity of this indictment, or the law under which it is drawn, is not questioned in these proceedings. So it may be said that he was legally arrested and confined in jail under a valid indictment.

Thereafter on the 18th day of August the case went to trial, and the jury…