Power

Appellant’s attempt to free himself from the penitentiary in which he is confined was unsuccessful in the court below, and he renews his attempt by this appeal.

His petition for a writ of habeas corpus with the answer thereto disclose the following undisputed facts: On September 22, 1937, appellant was indicted in a first count charging that he did, unlawfully, “make and cause and procure to be made, and willingly aid and assist in making three sets of plaster of paris molds * * * for the making and counterfeiting of Fifty Cent (50¡í) coins”. A second count in the indictment charged that appellant did, *869 unlawfully, have in his “possession three sets of plaster of paris molds * * * for the making and counterfeiting of Fifty Cent (50{S) coins”. The proceeding was terminated by a judgment which sentenced appellant to imprisonment on the first count, and which placed him on probation on the second count. After serving his sentence on the first count, appellant was released. Subsequently, his probation on the second count was revoked and he was sentenced to a term of imprisonment on the second count which he was serving when he filed the petition before us.

The indictment charges…