Ex Parte Magee

71 S.W. 599, 44 Tex. Crim. 384, 1903 Tex. Crim. App. LEXIS 6

• Court: Court of Criminal Appeals of Texas
• Decided: January 14, 1903
• Docket: No. 2582.
• Status: Published

Opinion

HEHDERSOH, Judge.

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 Texas Crim. Rep., 309; 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 ease is accordingly dismissed.

Dismissed.