Court of Criminal Appeals of Texas, 1914

Ex Parte Eldridge

Ex Parte Eldridge
Court of Criminal Appeals of Texas · Decided January 21, 1914 · Harper
162 S.W. 1149; 72 Tex. Crim. 529; 1914 Tex. Crim. App. LEXIS 44 (South Western Reporter)

Ex Parte Eldridge

Opinion of the Court

HARPER, Judge.

In this case appellant shows that he was in custody by virtue of a judgment of the Corporation Court of the city of Fort Worth. He sued out a writ of habeas corpus before Hon. R. H. Buck, judge of the District Court of the Forty-eighth Judicial District. Upon a hearing he was remanded, and gave notice of appeal to this court. The record discloses that he is not in custody, and has not been, since he gave notice of appeal to this court. It has been so often de *530 tided that this court will not entertain an appeal in habeas corpus cases unless the relator is in custody of the officers, it seems unnecessary to cite authorities, but see Ex parte Parvin, 63 Texas Crim. Rep., 512, and cases there cited.

Appeal dismissed.

Dismissed.

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