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Ex Parte Silva

Court of Criminal Appeals of Texas
Nov 1, 1972
486 S.W.2d 349 (Tex. Crim. App. 1972)

Opinion

No. 46050.

November 1, 1972.

Appeal from the 178th District Court, Harris County, Dan E. Walton, J.

Carol S. Vance, Dist. Atty. and James C. Brough, Asst. Dist. Atty., Houston, and Jim D. Vollers, State's Atty., Robert A. Huttash, Asst. State's Atty., Austin, for the State.


OPINION


This is an appeal from an order denying bail in a habeas corpus proceeding. The appellant was charged by indictment with the offense of murder with malice aforethought.

In two previous applications the trial court denied bail. The case was then classified as capital and the State was seeking the death penalty. At the hearing on July 25, 1972, the court noted the termination of the death penalty by the United States Supreme Court in Furman v. Georgia and Branch v. Texas, 408 U.S. 238, 92 S.Ct. 2726, 33 L.Ed.2d 346, and set bail at $50,000. Nowhere in the record is it shown that any appeal was taken from the action of the trial court. Notice of appeal is a jurisdictional requirement. Article 44.08, Vernon's Ann.C.C.P. Absent such notice in the record there is nothing for review before this Court.

Even if the matter were properly before this Court, we note that no attempt has been made by appellant to make the bond set by the court. See Ex parte Stembridge, Tex.Cr.App., 472 S.W.2d 155.

The appeal is dismissed.


Summaries of

Ex Parte Silva

Court of Criminal Appeals of Texas
Nov 1, 1972
486 S.W.2d 349 (Tex. Crim. App. 1972)
Case details for

Ex Parte Silva

Case Details

Full title:Ex parte Aureliano SILVA

Court:Court of Criminal Appeals of Texas

Date published: Nov 1, 1972

Citations

486 S.W.2d 349 (Tex. Crim. App. 1972)

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