Opinion
No. 15916.
Delivered March 8, 1933.
Habeas Corpus — Trial Judge — Appeal.
Where a habeas corpus trial is had in vacation and the accused appeals, the statute demands that the proceedings bear the certificate of the judge, in the absence of which the appeal must be dismissed.
Appeal from the District Court of Nacogdoches County. Tried below before the Hon. C. E. Brazil, Judge.
Appeal from an adverse judgment in a habeas corpus proceeding.
Appeal dismissed.
The opinion states the case.
Adams McAlister, of Nacogdoches, for appellant.
H. L. Edwards, Sp. Prosecutor, and T. C. Lacey, County Attorney, both of Nacogdoches, and Lloyd W. Davidson, State's Attorney, of Austin, for the State.
This is an appeal from an order fixing bail on a habeas corpus hearing.
The record in this case shows that it was heard in the lower court during vacation of said court, and an appeal taken from the order and judgment then entered. Article 857, C. C. P., requires in such case that the transcript be approved by the trial court, which was not done here. The state moves to dismiss this appeal. The motion must be sustained. Ex parte Turner, 296 S.W. 295; Ex parte Collins, 38 S.W.2d 789. We have no other option. The appeal is dismissed.
Dismissed.