The dismissal of the application left the record as though the application had been denied and no writ of habeas corpus had issued. Such an order is not appealable. Ex parte Brewer, 452 S.W.2d 452; Ex parte Dugue, 169 Tex.Cr. 293, 333 S.W.2d 382; Ex parte Noble, 146 Tex.Cr. 575, 176 S.W.2d 951. Furthermore, by supplemental transcript, the record now shows that since the order was entered the appellant has been tried and convicted in the County Court of Reeves County upon the charge about which he complains in his application for habeas corpus.
' On December 19, 1969, the court dismissed the application without a hearing, and appellant gave notice of appeal. In Ex parte Dugue, 169 Tex.Crim. R., 333 S.W.2d 382, the applicable rule is stated as follows: "The dismissal of the application for habeas corpus left the record as though the application had been denied and no writ of habeas corpus had issued.
The action of the trial court in dismissing the application and recalling the writ of habeas corpus is tantamount to a refusal to grant the writ in the first place. It is now settled that such an order is not a final judgment of which this court has jurisdiction on appeal. Ex parte Strong, 34 Tex.Cr.R. 309, 30 S.W. 666; Ex parte Hodges, Tex.Cr.App., 45 S.W. 913; Ex parte Dugue, 169 Tex.Cr.R. 293, 333 S.W.2d 382. Appellate jurisdiction exists only after a hearing upon the merits of the case. Ex parte Jones, 34 Tex.Cr.R. 344, 30 S.W. 806.