Opinion
No. 01-81-0308-CR.
October 15, 1981.
Allen C. Isbell, Houston, for appellant.
Alvin M. Titus, Dist. Atty., Houston, for appellee.
Before EVANS, C. J., and DOYLE and STILLEY, JJ.
Petitioner has filed an application for writ of habeas corpus and asks this court to set his bail at ten thousand dollars ($10,000.00) pending his appeal.
This court has no jurisdiction to grant relief sought in this proceeding. The Courts of Appeals have no original habeas corpus jurisdiction in criminal matters; their jurisdiction is appellate only. Tex Code Crim.Pro.Ann. art. 4.03, as amended.
The Court of Criminal Appeals has the power and authority to grant and issue and cause the issuance of writs of habeas corpus in criminal matters. Tex Code Crim.Pro.Ann. art. 4.04(1), as amended.
The petition for writ of habeas corpus is denied for want of jurisdiction.