
    Ex parte PHELPS.
    (No. 3117.)
    (Court of Criminal Appeals of Texas.
    April 22, 1914.
    Rehearing Denied May 13, 1914.)
    Appeal from Special District Court, Liberty County; J. Llewellyn, Judge. Habeas corpus by J. T. Phelps. Relator was remanded to custody, and appeals.
    Affirmed.
    Marshall & Harrison, of Liberty, for appellant. C. E. Lane, Asst. Atty. Gen., for the State.
   HARPER, J.

Appellant was indicted, charged with the murder of W. C. Tompkins. He sued out a writ of habeas corpus before Hon. J. Llewellyn, judge of the district court of Liberty county. A trial was had, and on the hearing Judge Llewellyn remanded relator to the custody of the sheriff. As this cáse is yet to be tried, it would -be improper for.us to recite or comment upon • the testimony, or the weight of any portion of it; but after-reading the record we. cannot say that the trial judge erred in the ' premises, and the judgment is therefore affirmed.

DAVIDSON, J., absent at consultation.  