Ex Parte Swindle

CHRISTIAN, Judge. —

Appellant sought release from the custody of the sheriff of Hopkins County through habeas corpus proceedings, and was remanded to custody. Hence this attempted appeal .

In view of the fact that the hearing was had in vacation it was necessary that the transcript bear the certificate of the trial judge. Art. 857, C. C. P.; Ex parte Shaffer, 92 S. W. (2d) 250. The absence of such certificate necessitates a dismissal of the appeal.

Further, it is observed that the record fails to show that notice of appeal was given. Under the circumstances, this court is without jurisdiction.

App…