
    Ex parte RANGER.
    (No. 5534.)
    (Court of Criminal Appeals of Texas.
    Oct. 15, 1919.)
    Habeas corpus <&wkey;S7 — Loss op custody be-EORE ISSUANCE OE WRIT REQUIRES DISMISSAL.
    Where, in habeas corpus proceeding to obtain release from sheriff, it appears by the return that relator before issuance of the writ had been delivered to another person for the purpose of taking him to another state in obedience to a requisition, application will be dismissed.
    Proceedings in habeas corpus by B. F. Ranger against L. L. Blalock, Sheriff of Milam County, and another.
    Application dismissed.
    E. A. Berry, Asst. Atty. Gen., for the State.
   MORROW, J.

The relator, charging that he was restrained of his liberty by L. L. Bla-lock, sheriff of Milam county, and one T. Fred Whitesides, by virtue of a certain writ of extradition issued by the Governor of the State of Texas, makes application for discharge upon original writ of habeas corpus. The return on the writ of habeas corpus shows that, prior to the issuance of the writ, the relator had been delivered to one Earnest Roller for the purpose of taking him to the state of Missouri in obedience to the requisition, and that he was on his way to Missouri.

We find nothing controverting the truth of the statements made in the return, and in accord' with them the application is dismissed. 
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