Ex Parte Puckett

274 S.W.2d 696, 161 Tex. Crim. 51, 1954 Tex. Crim. App. LEXIS 2070

Opinions

DAVIDSON, Judge.

Relator is serving a sentence of life imprisonment in this state as an habitual criminal.

By application for the writ of habeas corpus to this court, he seeks his outright discharge from- such custody or, in the alternative, an amelioration of his punishment.

The grounds for relief prayed for, as stated in the application, seek to have this court review and determine the correctness of the trial court’s ruling in holding sufficient the validity of and proof touching the alleged prior convictions relied upon by the state to enhance the punishment.

All such matters were properly reviewable by this court in an appeal from the judgment of conviction.

No appeal, however, was perfected.

For this court to now review such matters would authorize the writ of habeas corpus to be used as a substitute for an appeal in the case.

This we have repeatedly refused to do. The writ of habeas corpus cannot be utilized to take the place of an appeal. Attesting authorities are numerous and will be found collated under Note 5 of Art. 113, Vernon’s C.C.P.

The indictment upon which the conviction was obtained is regular upon its face and authorized the punishment. Ex parte Daniels, 158 Texas Cr. R. 2, 252 S.W. 2d 586, therefore, has no application.

The application for the writ of habeas corpus is refused.

Approved by the court.