Ex Parte Walker
This text of 35 S.W.2d 1048 (Ex Parte Walker) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
— This is an attempted appeal from a habeas corpus hearing designed to secure relator’s release.
The trariscript contains no caption. We are unable to determine whether the hearing was before the district judge in vacation or in term time. Where the hearing is in vacation the transcript must be certified by the judge. Where the proceedings take place before the court in session the transcript must be certified by the clerk of the court. Article 857, C. C. P.; Ex parte Turner, 107 Texas Crim. Rep., 420, 296 S. W., 295. In the absence of a caption we are unable to determine whether the clerk was authorized to place his certificate on the transcript. Hence the appeal must be dismissed.
The transcript is manifestly incomplete. It contains only the judgment remanding the relator to custody.
The appeal is dismissed.
Dismissed.
The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.
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Cite This Page — Counsel Stack
35 S.W.2d 1048, 117 Tex. Crim. 128, 1931 Tex. Crim. App. LEXIS 305, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-walker-texcrimapp-1931.