Ex parte Dixon

Court of Criminal Appeals of Texas

Decided March 25, 1970

Court of Criminal Appeals of Texas · decided 1970-03-25

Cited by 1 later decisions — most recently September 1995

1 state decisions

Relies on Woods v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1970-03-25

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¶1OPINION

WOODLEY, Presiding Judge.

¶2This is an appeal from an order in a habeas corpus proceeding, entered after hearing, remanding appellant to the custody of the Sheriff of Harris County.

¶3Pursuant to the authority granted by Art. 44.35 Vernon’s Ann.C.C.P.1 the court allowed bail in the sum of $1,000 pending appeal.

¶4The record on appeal reflects that appellant is not in custody and not on bond. This court is therefore without jurisdiction to enter any order other than to dismiss the appeal. Ex parte Hawthorne, 151 Tex.Cr.R. 283,207 S.W.2d 408.

¶5The appeal is dismissed.

¶6. Formerly Art. 857a C.C.P. enacted 1927 (Acts 40th Leg., p. 66, Ch. 43, See. 1.)