Ex Parte Magee

Decided January 14, 1903

Court of Criminal Appeals of Texas · decided 1903-01-14

1. —Habeas Corpus—Appeal from Refusal. An appeal will not lie from refusal to grant a writ of habeas corpus. 2. —Same—Original Application. An application for writ of habeas corpus addressed to the district judge will not be considered as an original application to this court where the record contains a notice of appeal from the final order refusing it.

Cited by 1 later decisions — most recently November 1949

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1903-01-14

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HEHDERSOH, Judge.

¶1 This is an appeal from the refusal by Judge J. M. Smither, of the Twelfth Judicial District, to grant the writ of habeas corpus. An. appeal will not lie from such refusal. Ex parte *385 Strong, 34 Texas Crim. Rep., 309; White’s Ann. Code Crim. Proc., sec. 109. If this was intended as an original application to this court, it does not°so appear from the record. It is not addressed to us, but to said district judge, and the final order contains notice of appeal to this court. If it was an original application it does not occur to us to be in such shape as to authorize the granting of the writ. The ease is accordingly dismissed.

¶2 Dismissed.