
    Ex parte OATES (two cases).
    (Nos. 6652, 6653.)
    (Court of Criminal Appeals of Texas.
    Nov. 16, 1921.)
    Habeas corpus @=>87 — Application dismissed when return shows relator was not in custody.
    An application for habeas corpus for the discharge of relator from illegal restraint in the custody of a sheriff will be denied and the proceedings dismissed, where the sheriff’s return shows that relator was not in his custody.
    Separate habeas corpus proceedings by C. J. Oates and Leland Oates to secure release from custody.
    Applications denied, and proceedings dismissed.
    Burkett, Anderson & Orr, of Eastland, for applicants. - •
    j. L. Goggans, City Atty., of Breekenridge, and R. G. Storey, Asst. Atty. Gen., for the State.
   LATTIMORE, J.

This is an original application for a writ of habeas corpus in which relator'sought to be released from the custody of the sheriff of Stephens county, alleging in his application illegal restraint, etc. A preliminary writ was granted and served upon said sheriff, by whose return it is made to appear that relator is not in his custody as alleged. In this condition of the record the ground of the application, to wit, illegal restraint, not existing, the application will be denied, and the proceedings dismissed. 
      @=?For other oases see same topic and KEY-NtJMBBR in all Key-Numbered Digests and Indexes
     