Legal Opinion

Ex Parte Moore

Court of Criminal Appeals of Texas

Decided February 22, 1928No. 11685PublishedCited by 5 opinions

The opinion states the case.

1Opinion of the Court

CHRISTIAN, Judge.

Appellant applied for release upon a writ of habeas corpus and from an order of the District Court of Rockwall County remanding him to the custody of the sheriff he prosecutes this appeal.

Appellant gave notice of appeal to the Court of Civil Appeals of Texas. This notice is insufficient. Article 827, C. C. P., requires that notice of appeal be given. Failure to give such notice is. fatal, and the Court of Criminal Appeals in such case has no jurisdiction of the appeal. Danley v. State, 224 S. W. 888; Albrecht v. State, 215 S. W. 327, and authorities cited.

It is necessary that…

2Cases cited3 opinions

  1. Ex Parte N. F. ChristianCourt of Criminal Appeals of Texas · 1924
  2. Albrecht v. StateCourt of Criminal Appeals of Texas · 1919
  3. Danley v. StateCourt of Criminal Appeals of Texas · 1920

3Cited by5 opinions

  1. Ford v. StateCourt of Criminal Appeals of Texas · 1960
  2. Bain v. StateCourt of Criminal Appeals of Texas · 1960
  3. Ford v. StateCourt of Criminal Appeals of Texas · 1960
  4. Shute v. StateCourt of Criminal Appeals of Texas · 1988
  5. Shute v. StateCourt of Criminal Appeals of Texas · 1988

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