Ex Parte Noble

Appellant insists that we were in error in dismissing the appeal.

In support of the proposition that no appeal will lie from an order refusing to issue a writ of habeas corpus we cite the following in addition to the authorities referred to in our original opinion: See cases listed in Section 243, Branch's Ann. Tex. P. C., p. 152, and particularly Ex parte Thomas,61 Tex. Crim. 573; Ex parte Barnett, 74 Tex.Crim. R.,167 S.W. 845; also 21. Tex. Jur. p. 483, sec. 57.

In relator's motion for rehearing he adverts to the Smith case referred to in our original opinion as not supporting our conclusion.…