In Re Lapique

¶1[1] Petitioner, in open court, concedes that if the return which the sheriff proposes making were filed it would show, in accordance with the facts, that petitioner *637 is lawfully in the custody of the sheriff of Los Angeles County under a bench warrant issued on an indictment heretofore filed by the grand jury. The writ, therefore, is discharged, and petitioner remanded.