Ex Parte Christian

Citation268 S.W. 160
Decision Date21 May 1924
Docket Number(No. 8582.)
PartiesEx parte CHRISTIAN.
CourtCourt of Appeals of Texas. Court of Criminal Appeals of Texas

Appeal from District Court, Jefferson County; Geo. C. O'Brien, Judge.

Habeas corpus proceeding by N. F. Christian. From an order remanding petitioner to custody, he appeals. Appeal dismissed.

J. E. Rose and B. C. Johnson, both of Port Arthur, for appellant.

Vernon J. Wistner, of Port Arthur, Fred A. White, of Houston, and Tom Garrard, State's Atty., and Grover C. Morris, Asst. State's Atty., both of Austin, for the State.

LATTIMORE, J.

This is an appeal from the district court of Jefferson county remanding appellant to custody. He had obtained a hearing by habeas corpus before the district court, asserting the invalidity of his confinement.

There appears in the record no notice of appeal given from the judgment of the court remanding appellant. In order to manifest dissatisfaction of the accused with the order and judgment of the trial court, and to set forth his desire that an appeal be taken, it is uniformly necessary that notice of appeal must be given. This is true in appeals in habeas corpus cases. Ex parte Barrier, 17 Tex. App. 585.

The appeal will be dismissed.

On Motion for Rehearing.

Appellant files a motion for rehearing seeking to have this case reinstated following a former judgment of this court dismissing the appeal. As supporting the motion for rehearing, appellant presents certified copies of docket orders made by the trial court with reference to notice of appeal. The motion for rehearing will be overruled. Since Long v. State, 3 Tex. App. 321, it has been the established rule and this court's interpretation of the law that notice of appeal must be entered in the minutes and that a mere showing of a docket entry is not sufficient. The matter is discussed at some length in Suesbey v. State, 72 Tex. Cr. R. 441, 162 S. W. 849. For the reasons therein stated, the motion for rehearing will be overruled.

To continue reading

Request your trial
1 cases
  • Harris v. State
    • United States
    • Texas Court of Criminal Appeals
    • December 17, 1924

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT