Ex Parte Rodriguez

Court of Criminal Appeals of Texas
Ex Parte Rodriguez, 334 S.W.2d 294 (Tex. Crim. App. 1960)
169 Tex. Crim. 367; 1960 Tex. Crim. App. LEXIS 2944
Woodley

Ex Parte Rodriguez

Opinion

WOODLEY, Judge.

The letter of the above named applicant was filed in this Court as an original application for habeas corpus.

Relator is confined in jail and complains that the two judgments, each assessing a one year jail term, were not properly cu-mulated.

This Court does not hear evidence.

In proceedings of this character it has been the uniform practice of this Court for many years to require that resort be first had to application for habeas corpus to the judge of the trial court or other county court, county court at law or district judge of the county for relief, and an application for habeas corpus originally filed in this Court attacking the legality of confinement under a misdemeanor judgment will not otherwise be entertained. 21 Tex. Jur. 445, Habeas Corpus, Sec. 34; Ex parte *295 Fitzpatrick, Tex.Cr.App., 320 S.W.2d 683; Ex parte Japan, 36 Tex.Cr.R. 482, 38 S.W. 43; Ex parte Lynn, 19 Tex.App. 120; art. 121, Vernon’s Ann.C.C.P.

The application is dismissed.

Reference

Full Case Name
Ex Parte Ruben M. RODRIGUEZ
Cited By
3276 cases
Status
Published