Opinion
No. 16546.
Delivered January 3, 1934.
1. — Indictment — Separate Counts.
Indictment for theft and burgary in same indictment by separate counts held proper.
2. — Appeal — Habeas Corpus.
Where defendant was convicted of theft of property of more than fifty dollars and given five years in penitentiary but did not appeal, held defendant was not entitled to writ of habeas corpus to obtain review, where, if any matter of procedure was not correctly followed, defendant had his adequate and regular remedy by appeal.
Appeal from the District Court of Potter County. Tried below before the Hon. Henry S. Bishop, Judge.
Habeas corpus proceedings by J. R. Morris. From an adverse judgment, J. R. Morris appeals.
Affirmed.
The opinion states the case.
Grady L. Fox and Robert E. O'Keefe, both of Amarillo, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
Appellant was indicted for theft and burglary in the same indictment by separate counts. This was entirely proper under authorities too numerous to mention. He was convicted of theft of property of the value of more than fifty dollars and given five years in the penitentiary, which was perfectly legal. If any matter of procedure was not correctly followed, appellant had his adequate and regular remedy by appeal to this court. This right he chose not to exercise. The writ of habeas corpus in this case should have been denied. Having been granted and the facts heard, appellant was properly remanded.
The judgment will be affirmed.
Affirmed.