Ex Parte Copeland

CHRISTIAN, Judge.

By way of habeas corpus appellant sought release from the state penitentiary. He appeals from an order remanding him to custody.

Following a conviction in September, 1935, for incest, appellant was duly sentenced and incarcerated in the penitentiary. He contends that incest is not an offense by reason of the fact that it is not defined by the Penal Code of 1925. Hence he insists that the judgment of conviction is void.

Provision was made by Chap. 159, Acts of the 38th Legislature, for the recodification of all the laws of this state, including the Penal Code. The report of the…