Ex Parte Moore
Cases that cite this one
3 later published cases cite this decision.
- Shute v. State (Tex. Crim. App. 1988)
- Ford v. State (Tex. Crim. App. 1960)
- Bain v. State (Tex. Crim. App. 1960)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Appellant applied for release upon a writ of habeas corpus and from an order of the District Court of Rockwall County remanding him to the custody of the sheriff he prosecutes this appeal.
Appellant gave notice of appeal to the Court of Civil Appeals of Texas. This notice is insufficient. Article 827, C. C. P., requires that notice of appeal be given. Failure to give such notice is. fatal, and the Court of Criminal Appeals in such case has no jurisdiction of the appeal. Danley v. State, 224 S. W. 888; Albrecht v. State, 215 S. W. 327, and authorities cited.
It is necessary that notice of appeal be given in appeals in habeas corpus cases. Ex Parte Christian, 268 S. W. 160; Ex Parte Barrier, 17 Tex. App. 585.
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.