Ex Parte Overstreet
Court of Criminal Appeals of Texas
Appeal from Wise County from a judgment rendered in vacation by the Hon. J. T. Johnson, County Judge, remanding relator to custody upon a habeas corpus proceeding. Motion was made by the Assistant Attorney-General to dismiss the appeal because the transcript was not prepared in accordance with law.
1Opinion of the Court
DAVIDS OH, Judge.
The Assistant Attorney-General moves to dismiss this case because there is no proper transcript on file. The ground of the motion is predicated on the fact that the transcript is certified by the clerk, when it should have been certified by the judge. The habeas corpus proceeding, from which this is an appeal, was tried by the county judge, in vacation. When this is the case, under article 916 of the Code of Criminal Procedure, the transcript must be certified by the judge who tried the cause. When the habeas corpus proceeding occurs in term time, it is certified by the clerk…
2Cases cited1 opinion
- Ex Parte George Malone.Court of Criminal Appeals of Texas · 1895
3Cited by6 opinions
- Ex Parte LozanoCourt of Criminal Appeals of Texas · 1920
- Ex Parte YoungCourt of Criminal Appeals of Texas · 1920
- Camp v. StateCourt of Criminal Appeals of Texas · 1911
- Ex Parte TurnerCourt of Criminal Appeals of Texas · 1927
- Ex Parte BrownCourt of Criminal Appeals of Texas · 1901
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