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Ex Parte Bland

Court of Criminal Appeals of Texas
Apr 19, 1950
228 S.W.2d 170 (Tex. Crim. App. 1950)

Opinion

No. 24799.

March 29, 1950. Relator's Motion for Rehearing Denied (Without Written Opinion) April 19, 1950.

Appeal Dismissed — Question Adjudicated.

Where the appeal was dismissed, because of appellant's escape from custody, it had the effect of making final the judgment appealed from and an adverse adjudication of the question presented on appeal.

Original Habeas Corpus Proceedings.

Writ Denied.

Gowen C. Tatum, and W. R. Sessions, Dallas, for relator.

George P. Blackburn, State's Attorney, Austin, for the state.


In Cause No. 24,436, upon the docket of this court, relator, as appellant, appealed to this court from a conviction in the district court of Hardeman County, Texas, carrying a punishment of life imprisonment in the penitentiary.

The appeal was dismissed because of appellant's escape from custody pending the appeal. (154 Tex.Crim. Rep., 224 S.W.2d 479.)

The record in that case affirmatively reflects that the question upon which relator seeks to now nullify that judgment was a part of and was relied upon by appellant in the appeal mentioned.

The order dismissing the appeal because of appellant's escape from custody after invoking the jurisdiction of this court, had the effect of making final the judgment appealed from and an adverse adjudication of the question presented upon appeal.

Relator, in so far as this court is concerned, has had his day in court upon the question here presented, and, accordingly, the application for the writ of habeas corpus is refused.


Summaries of

Ex Parte Bland

Court of Criminal Appeals of Texas
Apr 19, 1950
228 S.W.2d 170 (Tex. Crim. App. 1950)
Case details for

Ex Parte Bland

Case Details

Full title:Ex parte BLAND

Court:Court of Criminal Appeals of Texas

Date published: Apr 19, 1950

Citations

228 S.W.2d 170 (Tex. Crim. App. 1950)
228 S.W.2d 170

Citing Cases

Jackson v. Davis

Habeas corpus cannot be used to raise the same contentions that were raised on appeal but were adjudicated…

In re Bland's Petition

However, about that time Petitioner escaped, and the Court of Criminal Appeals thereupon withdrew its opinion…