Ex parte Wells

Decided March 2, 1960

Cited by 2 later decisions — most recently October 2010

2 state decisions

Key passage — most relied on by later courts

“The application for the writ, although sworn to, is but a pleading and does not prove itself.”

quoted by 1 later decision, including Washington v. State

Relies on Ex parte Ambrose

Good law ✅— No negative treatment on recordhow we know

Decided 1960-03-02

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BELCHER, Commissioner.

¶1This is an appeal from an order made in a habeas corpus hearing remanding the appellant.

¶2The court upon a hearing of an application for a writ of habeas corpus filed in the County Court at Law No. 2 of Harris County, denied the relief sought by said application and remanded the appellant to the custody of the sheriff of Harris County.

¶3No statement of facts or formal bills of exception accompany the record. The judgment shows that both parties introduced evidence upon the hearing, but such evidence is not-authenticated in any manner in the record. The application for the writ, although sworn to,, is but a pleading and does not prove itself..- Therefore *566this court will presume' the regularity and legality of the action of the trial court. 21 Tex.Jur., 491, sec. 66; 1 Branch 2 ed., 599, sec. 622; Ex parte Ambrose, 145 Tex.Cr.R. 582, 170 S.W.2d 731.

¶4The judgment is affirmed.

¶5Opinion approved by the Court.