Ex Parte Garcia

The question presented by this appeal is whether the introduction alone of an affidavit, information and capias issued at a habe-as corpus hearing is sufficient to detain an individual accused of a misdemeanor who challenges his detention by application for habeas corpus.1

The record reflects that the State offered only the complaint and information filed against the appellant and the capias subsequently issued. See Article 23.04, Vernon’s Ann.C.C.P. The appellant offered no evidence, but contended the evidence offered by the State was not sufficient to show probable cause for his continued…