Ex Parte Hill

262 S.W.2d 507, 159 Tex. Crim. 238, 1953 Tex. Crim. App. LEXIS 1857

Opinions

BELCHER, Judge.

Appellant sought his discharge by writ of habeas corpus filed in the County .Court at Law" No. 3 of Harris County, Texas, alleging in his application that he was illegally restrained of his liberty by the sheriff of Harris County, by virtue of process issued out of the County Court at Law No. 2 of Harris County, Texas, which was based on a void conviction.

After a hearing, appellant was remanded to the custody of the sheriff of Harris County, and from said order he gave notice of appeal.

At most, the record in this case shows that the appellant was being held by the sheriff of Harris County for his failure to pay a bill of costs in County Court at Law No. 2 of Harris County, Texas, “for speeding.”

In the absence of the complaint and judgment upon which the conviction rests, we are unable to determine whether the trial court erred in refusing to discharge appellant.

The judgment of the trial court is affirmed.

Opinion approved by the Court.