Opinion
No. 19717.
Delivered March 16, 1938.
1. — Habeas Corpus for Bail — Appeal Dismissed.
Where pending an appeal from an order, entered in habeas corpus proceeding, remanding accused without bail on a complaint charging him with murder, accused had been indicted by grand jury for the murder of same party named in the complaint, the question presented on appeal became moot and appeal would be dismissed.
2. — Habeas Corpus for Bail — Moot Questions.
The orders and proceedings on the writ of prohibition against a district judge, incident to a writ of habeas corpus, issued at his direction, after Court of Criminal Appeals had obtained jurisdiction of an appeal from an order remanding accused without bail on a complaint charging accused with murder, became moot questions and would not be considered by reason of the return of an indictment by a grand jury, charging accused with the murder of same party named in the complaint.
Appeal from the District Court of Hidalgo County. Hon. Bryce Ferguson, Judge.
Appeal from an order remanding relator without bail on a complaint charging him with murder.
Appeal dismissed.
The opinion states the case.
Cameron Hardin, of Edinburg, and Ward Cameron, of Corpus Christi, for appellant.
Ross Hardin, of Prairie Hill, for H. F. Kirby, Judge of Seventy-seventh Judicial District Court of Limestone County.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
Appellant was remanded without bail upon a habeas corpus hearing before the district judge of the 92d Judicial District from a complaint charging appellant with murder before the justice of the peace in Hidalgo County. From the order of the district judge remanding appellant without bail he gave notice of appeal to this Court.
It is now made known to the Court that pending such appeal appellant has been indicted by the grand jury of said county for the murder of the same party named in the complaint heretofore mentioned, and the question has become moot, and the appeal will be dismissed. See cases cited under Sec. 225, Branch's Ann. Texas P. C., among them being Ex parte Cannon, 41 Tex. Crim. 76, 51 S.W. 914.
The orders and proceedings on the writ of prohibition requested against the Hon. H. F. Kirby, Judge of the 77th Judicial District, incident to a writ of habeas corpus issued at his direction after the Court of Criminal Appeals had obtained jurisdiction, have also become moot questions by reason of the return of an indictment against appellant.
Wherefore, it is ordered that the appeal be dismissed.