Summary
following Ex parte Young and Ex parte Eiland, court holds verification insufficient where allegations are "to the best of [applicant's] belief, true and correct"
Summary of this case from Ex Parte JohnsonOpinion
No. 67705.
June 3, 1981.
Appeal from the Criminal District Court, No. 1, Dallas County, Ron Chapman, J.
Robert Huttash, State's Atty., Austin, for State.
OPINION
This is an application for habeas corpus relief from a final felony conviction. The petitioner, who is applicant's attorney, has sworn that the allegations in the application "are to the best of (his) information and belief, true and correct." This verification is not sufficient for such an application. Ex Parte Eiland, 420 S.W.2d 955 (Tex.Cr.App. 1967); Ex parte Young, 418 S.W.2d 824, 829 (Tex.Cr.App. 1967).
The application is denied.