Ex Parte Wade, 22849.

• Decision Date: 15 March 1944
• Docket Number: No. 22849.,22849.
• Citation: 178 S.W.2d 690
• Parties: Ex parte WADE.
• Court: Texas Court of Criminal Appeals

178 S.W.2d 690

Ex parte WADE.

No. 22849.

Court of Criminal Appeals of Texas.

March 15, 1944.

Commissioners' Decision.

Appeal from District Court, Upshur County; Otis T. Dunagan, Judge.

Habeas corpus proceeding by Jim Wade.Order refusing to issue the writ, and the applicant appeals.

Appeal dismissed.

Mat Davis, of Gilmer, for appellant.

Ernest S. Goens, State's Atty., of Austin, for the State.

DAVIDSON, Judge.

This is a habeas corpus proceeding.The disposition made thereof in the trial court as shown by the judgment entered, is as follows: "It is, therefore, Ordered and Adjudged that the application of the Petitioner, Jim Wade, herein be denied and issuance of writ as applied for refused; to which action and judgment of the Courtthe Petitioner then and there in open court excepted and gave notice of appeal to the Court of Criminal Appeals of Texas, at Austin, Texas."Such order is nothing more nor less than a refusal to issue the writ of habeas corpus, and is not such a final judgment as will authorize an appeal to this court.Ex parte Noble, Tex.Cr. App., 176 S.W.2d 951.

The appeal is dismissed.

PER CURIAM.

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