CATES, Judge.
This is an original petition for "certiorari," the prayer of which asks us to prod the Circuit Court of Montgomery County to send up the "evidence record" in a case whereunder, on July 10, 1963, Horsley was remanded to the Warden of Kilby Prison.
Since habeas corpus may be sought without fear of a plea of former adjudication, we see no reason to issue any writ. Under Fay v. Noia,
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