
    Ex parte Hebren COOK.
    (No. 10546.)
    (Court of Criminal Appeals of Texas.
    Oct. 13, 1926.)
    Appeal from District Court, Nacog-doches County; C. A. Hodges, Judge.
    Seale & Denman, of Nacogdoches, for appellant. Sam D. Stinson, State’s Atty., of Austin, and Robt. M. Lyles, Asst. State’s Atty., of Groesbeck, for the State.
   LATTIMORE, J.

It is made to appear by affidavit on file in this court that, since the filing of this application for habeas corpus, applicant has been released from custody upon the failure of the grand jury to return an indictment against him. Having been freed from the illegal restraint alleged, tliex-e no longer .exists a necessity for the consideration of this application. Same will be accordingly dismissed.  