We remain convinced that Relator was entitled to be discharged upon the expiration of ninety' days after his commitment by the magistrate.'

Under, the provisions of Art. 1004, C.C.P., Relator may not again be arrested upon a charge of the- same offense, except- by a warrant from the Governor of this State.

The State’s motion for rehearing is overruled. •..-.■ • ■ , ■

Opinion approved by the Court