OPINION
McCORMICK, Judge.
This is an original writ of habeas corpus filed in this Court after the district judge of the 209th District Court of Harris County refused to issue the writ. The applicant alleges that he is being illegally restrained of his liberty by the Sheriff of Harris County under an indictment charging him with the offenses of robbery and theft. Applicant alleges that the trial of this cause would subject him to punishment prohibited
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