Opinion
No. 16390.
Delivered November 8, 1933.
Habeas Corpus — Appeal.
No appeal lies from order or judgment of judge refusing to grant and dismissing appellant's application for habeas corpus.
Appeal from the District Court of Bexar County. Tried below before the Hon. W. S. Anderson, Judge.
Appeal from an order dismissing appellant's application for habeas corpus.
Appeal dismissed.
The opinion states the case.
Nami Vaughan, of San Antonio, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
The former opinion herein is withdrawn. This is an appeal from a refusal of a writ of habeas corpus and an order dismissing appellant's application therefor. The matter was heard before the Honorable W. S. Anderson, Judge of the 37th Judicial District Court, on August 22, 1933. Upon the refusal to grant the writ appellant excepted and gave notice of appeal to this court. Under all the authorities it appears that no appeal lies from such order or judgment. Many authorities are cited in section 243 of Mr. Branch's Annotated P. C., supporting our view.
The appeal will be dismissed.
Dismissed.