From Casetext: Smarter Legal Research

Ex Parte Magee

Court of Criminal Appeals of Texas
Jan 14, 1903
71 S.W. 599 (Tex. Crim. App. 1903)

Opinion

No. 2582.

Decided January 14, 1903.

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.

Appeal from the District Court of Trinity. Tried below before Hon. J.M. Smither.

Appeal from an order denying a writ of habeas corpus.

No briefs for relator.

Rob't A. John, Assistant Attorney-General, for the State.


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 Strong, 34 Tex.Crim. Rep.; 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 case is accordingly dismissed.

Dismissed.


Summaries of

Ex Parte Magee

Court of Criminal Appeals of Texas
Jan 14, 1903
71 S.W. 599 (Tex. Crim. App. 1903)
Case details for

Ex Parte Magee

Case Details

Full title:EX PARTE HOWARD MAGEE

Court:Court of Criminal Appeals of Texas

Date published: Jan 14, 1903

Citations

71 S.W. 599 (Tex. Crim. App. 1903)
71 S.W. 599

Citing Cases

Ex Parte Haubelt

E.T. Branch, for relator. — Cited Ex parte Cameron, 100 Ala. 395; In re Fitton, 16 How. Prac., 303 (N.Y.); In…

Ex Parte Barnett

Upon the hearing he refused to grant the writ. Upon such state of facts no appeal lies to this court. (Magee…