Ex Parte Bills

CHRISTIAN, Judge. —

Appellant sought release from the custody of the sheriff of Hopkins County through habeas corpus proceedings, and was remanded to custody. Hence this attempted appeal.

It appears from the transcript that the hearing was had in vacation. The transcript bears no certificate of the trial judge but only that of the clerk of the district court of Hopkins County. Art. 857, C. C. P., provides, in substance, that, when the proceedings on habeas corpus take place before the court in session, the transcript shall be prepared and certified by the clerk, but when had in vacation the…