Ex parte Trafton

WOODLEY, Judge.

This is an appeal from the order of District Judge Charles 0. Betts refusing to discharge appellant Trafton and remanding him to the custody of the Chief of Police of Austin.

The charging part of the complaint under which appellant was convicted and fined in the corporation court alleged that he drove an automobile on an Austin street and “. . . did then and there unlawfully drive and operate said vehicle with a defective muffler attached thereto, and in constant operation, thereby causing excessive and unusual noise.”

Appellant aptly states the issue for our determination as…