Ex parte Hubbard, 24616
| Decision Date | 07 December 1949 |
| Docket Number | No. 24616,24616 |
| Citation | 154 Tex.Crim. 57,225 S.W.2d 196 |
| Parties | Ex parte HUBBARD. |
| Court | Texas Court of Criminal Appeals |
J. B. Sallas, Crockett, for appellant.
George P. Blackburn, State's Atty., of Austin, for the State.
Appellant presented to the Honorable V. M. Johnston, Judge of the District Court of Houston County, Texas, his application for the writ of habeas corpus, under Art. 119, C.C.P., Vernon's Ann.C.C.P. art. 119, seeking his discharge from the penitentiary.
Judge Johnston entertained the application, heard evidence thereon, and entered the following order:
'It is therefore, ordered, adjudged and decreed by this Court that the said Application of the said Roy Thomas Hubbard herein be and the same is temporarily in all things denied, and that he, the said Roy Thomas Hubbard, be and he is hereby temporarily remanded to the custody of the Respondents, pending final adjudication by the Court of Criminal Appeals of Texas, as provided by Article 119 of the Texas Code of Criminal Procedure.
'It is further ordered, adjudged and decreed by the Court that all costs for bringing said Roy Thomas Hubbard before me and all other costs of this proceeding be and the same are hereby adjudged against the said Roy Thomas Hubbard, and it is ordered that execution issue therefor.
'To which judgment, order and decree Applicant, Roy Thomas Hubbard, in open court, gave notice to the Court of Criminal Appeals of the State of Texas in Austin, Travis County, Texas, and is hereby allowed all the time provided by law for filing his transcript and statement of facts and all other proceedings in the Court of Criminal Appeals.'
It is apparent, from this order, that Judge Johnston denied, or refused, the writ. It is from this order that appellant attempted to appeal to this court.
It has been the consistent holding of this court that no appeal lies from an order refusing the writ of habeas corpus. The appeal must, therefore, be dismissed.
In Ex parte Benson, Tex.Cr.App., 223 S.W.2d 934, and after the original opinion had been delivered in the instant case, the rule above stated was adhered to, and also the procedure necessary to be followed in seeking relief under Art. 119, C.C.P. was set out.
In the Benson case, supra, we endeavored to make it clear that when relief by writ of habeas corpus before a district judge, under Art. 119, C.C.P., is sought, the judge may permit the application to be filed, develop the facts relative thereto and...
To continue reading
Request your trial
-
Bertsch v. Beto
...found guilty." 378 U.S. at 393-394, 84 S.Ct. at 1790. 4 Ex parte Prosser, 149 Tex.Cr.R. 319, 194 S.W.2d 89 (1946); Ex parte Hubbard, 154 Tex.Cr.R. 57, 225 S.W.2d 196 (1949); and Ex parte Cross, 288 S.W.2d 507 ...
-
Harris v. Beto, CA 1-267.
...Appeals. He may not issue the writ of habeas corpus. State v. Briggs, 171 Tex.Cr.R. 479, 351 S.W.2d 892 (1962); Ex parte Hubbard, 154 Tex.Cr.R. 57, 225 S.W.2d 196, 197 (1949); See also McCutcheon v. Beto, D.Ct.Tex., 252 F.Supp. 891, 894 (1966). After a factual hearing, the writ is made retu......
-
Ex parte Williams
...no right to an appeal to this court. Art. 119, Vernon's Ann.C.C.P.; Ex parte Prosser, 149 Tex.Cr.R. 319, 194 S.W.2d 89; Ex parte Hubbard, 154 Tex.Cr.R. 57, 225 S.W.2d 196 and Ex parte Cross, Tex.Cr.App., 288 S.W.2d The appeal is dismissed. Treating the case as an original proceeding in this......
-
McCutcheon v. Beto, Civ. A. No. 66-H-10.
...of habeas corpus after conviction. The writ must be made returnable to the Texas Court of Criminal Appeals. Ex parte Hubbard, 154 Tex.Cr.R. 57, 225 S.W.2d 196 (1949), outlines the practice under Article 119. A petitioner takes his writ to a district judge. The district judge may permit the ......