Ex Parte Lozano
Court of Criminal Appeals of Texas
Appeal from El Paso. Application for writ of habeas corpus presented to Honorable W. D. Howe, in vacation, who refused to issue the write of habeas corpus. A transcript in the instant case was made out by the clerk of the District Court of El Paso County, Texas, who certifies to same alone, without certificate of the judge sitting in vacation.
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Appeal from El Paso. Application for writ of habeas corpus presented to Honorable W. D. Howe, in vacation, who refused to issue the write of habeas corpus. A transcript in the instant case was made out by the clerk of the District Court of El Paso County, Texas, who certifies to same alone, without certificate of the judge sitting in vacation. The applicant, in his application for writ of habeas corpus, alleged that he was arrested in the Republic of Mexico by two Mexicans dressed in civilian clothes, without process, and was carried to a point in the Republic of Mexico some three or four…
1Opinion of the Court
MORROW, Judge.
The appellant made application to the judge of the Thirty-Fourth Judicial District of the state for writ of habeas corpus. The judge refused to issue the writ, and from the refusal the appellant has sought to perfect his appeal.
The order appears to have been made in vacation. Article 950, C. C. P., provides for appeal in a habeas corpus matter, but says:
“This transcript, when the proceedings take place before the court in session, shall be prepared and certified by- the clerk thereof, but when had before a judge in vacation the transcript may be prepared by any person, under the…
2Cases cited4 opinions
- Ex Parte George Malone.Court of Criminal Appeals of Texas · 1895
- Ex Parte StrongCourt of Criminal Appeals of Texas · 1895
- Ex Parte OverstreetCourt of Criminal Appeals of Texas · 1898
- Ex Parte YoungCourt of Criminal Appeals of Texas · 1920
3Cited by9 opinions
- Ex parte HughesCourt of Criminal Appeals of Texas · 1929
- Ex Parte TurnerCourt of Criminal Appeals of Texas · 1927
- Ex parte MontgomeryCourt of Criminal Appeals of Texas · 1949
- Montalvo v. StateCourt of Criminal Appeals of Texas · 1925
- Ex Parte WoodCourt of Criminal Appeals of Texas · 1929
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