¶1This is an attempted appeal from an order entered by the Hon. G. P. Hardy, Jr., Judge of the District Court of Wharton County, Texas, denying appellant’s application for a writ of habeas corpus in which he sought his discharge from the penitentiary where he is being held awaiting execution under a death sentence.
¶2The application having been denied and the writ refused, appellant has no right to an appeal to this court. Art. 119, V.A.C.C.P.; Ex Parte Prosser, 149 Tex. Cr. R. 319, 194, S. W. 2d 89; Ex Parte Hubbard, 154 Tex. Cr. R. 57, 225 S. W. 2d 196 and Ex Parte Cross, 288 S. W. 507.
¶3The appeal is dismissed.
¶4Treating the case as an original proceeding in this court under Art. 119, V.A.C.C.P., we find no merit in the application for writ of habeas corpus, and it is denied.
¶5No motion for rehearing will be entertained.
¶6Opinion Approved by the Court.