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Ex Parte Burns

Court of Criminal Appeals of Texas
Oct 13, 1937
133 Tex. Crim. 77 (Tex. Crim. App. 1937)

Opinion

No. 19236.

Delivered October 13, 1937.

1. — Habeas Corpus — Judgment.

Where the authority for holding the relator was under a judgment regular on its face, and against which no direct attack was made, there would be available, in the collateral proceeding of a habeas corpus, under the record, only the question of the jurisdiction of the court to enter the judgment.

2. — Habeas Corpus — Judgment — Evidence.

Where the court has jurisdiction to render the judgment, and the law affords a remedy by appeal, appellate court, in a habeas corpus proceeding, is not in a position to inquire into questions of procedure in the trial, or the sufficiency of the evidence upon which the judgment was rendered.

3. — Same.

Where, in habeas corpus proceeding, relator was held under a judgment of the county court convicting relator of being a delinquent child, and the judgment appeared regular on its face, and said court had authority to determine whether relator was a delinquent child, reviewing court could not, in a habeas corpus proceeding, consider contention that the evidence adduced on relator's trial in the county court was insufficient to warrant conviction.

Appeal from the District Court of Smith County. Hon. Walter G. Russell, Judge.

Appeal from judgment denying relator's application for writ of habeas corpus.

Affirmed.

The opinion states the case.

Gray Pope, of Tyler, for appellant.

Lloyd W. Davidson, State's Attorney, of Austin, for the State.


In a trial in the county court of Smith County judgment was entered finding appellant to be a delinquent child and she was sentenced to confinement in the girls' training school at Gainesville. No appeal was taken from the judgment of conviction. Subsequently, by way of habeas corpus, appellant sought her release. After a hearing she was remanded to custody. Hence this appeal.

We understand from the record that it is appellant's contention that the evidence adduced in the county court on her trial for delinquency was insufficient to warrant her conviction. The judgment appears regular. If appellant deemed the evidence insufficient she could have appealed from said judgment. The county court of Smith County had authority to determine whether she was a delinquent child. In Ex parte Davis, 211 S.W. 456, this court used language as follows:

"The authority for holding the relator being under a judgment which, on its face, is regular and against which no direct attack is made, there would be available in the collateral proceeding of a habeas corpus under the record only the question of the jurisdiction of the court to enter the judgment."

We quote further from the opinion:

"The court having jurisdiction to render the judgment, and the law affording a remedy by appeal, we are not, in a habeas corpus proceeding, in a position to inquire into questions of procedure in the trial, or the sufficiency of the evidence upon which the judgment was rendered."

The judgment is affirmed.

Affirmed.

The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.


Summaries of

Ex Parte Burns

Court of Criminal Appeals of Texas
Oct 13, 1937
133 Tex. Crim. 77 (Tex. Crim. App. 1937)
Case details for

Ex Parte Burns

Case Details

Full title:EX PARTE VALRIE JORDAN BURNS

Court:Court of Criminal Appeals of Texas

Date published: Oct 13, 1937

Citations

133 Tex. Crim. 77 (Tex. Crim. App. 1937)
109 S.W.2d 211

Citing Cases

Ex Parte Williams

Ex parte Burns, 133 Tex.Crim. R., 109 S.W.2d 211 (1937), made clear that when the trial court has…