Ex Parte Way

BROOKS, Judge.

Relator was arrested for theft of property under the value of $50. An examining trial was had before justice of the peace, in which costs aggregating $19.25 were incurred. Subsequently the county attorney took the affidavit filed in the examining trial before the justice of the peace, and filed an information with it in the county court, and prosecuted relator to conviction in the county court; and the costs of the examining trial were taxed as part of the costs in the county court. He sued out a writ of habeas corpus before John W. Hornsby, county judge of Travis County, and…