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Ex parte Rodriguez

Court of Criminal Appeals of Texas
Apr 13, 1960
334 S.W.2d 294 (Tex. Crim. App. 1960)

Summary

holding that the trial court is the appropriate forum for findings of fact

Summary of this case from Ex parte Caudill

Opinion


334 S.W.2d 294 (Tex.Crim.App. 1960) Ex parte Ruben M. RODRIGUEZ. No. 31907. Court of Criminal Appeals of Texas. April 13, 1960

No attorney for relator.

Leon Douglas, State's Atty., Austin, for the State.

WOODLEY, Judge.

The letter of the above named applicant was filed in this Court as an original application for habeas corpus.

Relator is confined in jail and complains that the two judgments, each assessing a one year jail term, were not properly cumulated.

This Court does not hear evidence.

In proceedings of this character it has been the uniform practice of this Court for many years to require that resort be first had to application for habeas corpus to the judge of the trial court or other county court, county court at law or district [169 Tex.Crim. 368] judge of the county for relief, and an application for habeas corpus originally filed in this Court attacking the legality of confinement under a misdemeanor judgment will not otherwise be entertained. 21 Tex.Jur. 445, Habeas Corpus, Sec. 34; Ex parte Fitzpatrick, Tex.Cr.App., 320 S.W.2d 683; Ex parte Japan, 36 Tex.Cr.R. 482, 38 S.W. 43; Ex parte Lynn, 19 Tex.App. 120; art. 121, Vernon's Ann.C.C.P.

The application is dismissed.


Summaries of

Ex parte Rodriguez

Court of Criminal Appeals of Texas
Apr 13, 1960
334 S.W.2d 294 (Tex. Crim. App. 1960)

holding that the trial court is the appropriate forum for findings of fact

Summary of this case from Ex parte Caudill
Case details for

Ex parte Rodriguez

Case Details

Full title:Ex parte Ruben M. RODRIGUEZ.

Court:Court of Criminal Appeals of Texas

Date published: Apr 13, 1960

Citations

334 S.W.2d 294 (Tex. Crim. App. 1960)

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