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Ex parte Farrington

Ex Parte Dwayne Farrington.

Ex parte Farrington, 467 S.W.2d 479 (Tex. Crim. App. 1971)
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Court
Court of Criminal Appeals of Texas · State Highest Courts
Decided
June 2, 1971
Docket
No. 44210
Judges
Odom
Citations
467 S.W.2d 4791971 Tex. Crim. App. LEXIS 1661

Opinion of the Court — Odom

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OPINION ODOM, Judge.

Appellant, in his application for habeas corpus, alleges that he is being illegally confined as the result of a complaint charging him with possession of dangerous drugs when there is no probable cause or sufficient grounds to support said complaint. After hearing, in the 143rd Judicial District Court, the court dismissed the application for want of jurisdiction. The dismissal of the application left the record as though the application had been denied and no writ of habeas corpus had issued. Such an order is not appealable. Ex parte Brewer, 452 S.W.2d 452 ; Ex parte Dugue, 169 Tex.Cr. 293 , 333 S.W.2d 382 ; Ex parte Noble, 146 Tex.Cr. 575 , 176 S.W.2d 951 .

Furthermore, by supplemental transcript, the record now shows that since *480 the order was entered the appellant has been tried and convicted in the County Court of Reeves County upon the charge about which he complains in his application for habeas corpus. Therefore, the allegations are now moot. See Ex parte De Angelo, Tex.Cr.App., 294 S.W.2d 100 .

The questions raised herein being moot, the appeal is dismissed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1976: 11987: 119762026peak 1976 · 1

Relies on it most ⓘ

  1. Ex Parte Renier734 S.W.2d 349 (Tex. Crim. App. 1987)
  2. Mayes v. State538 S.W.2d 637 (Tex. Crim. App. 1976)

Most recent

  1. Ex Parte Renier734 S.W.2d 349 (Tex. Crim. App. 1987)
  2. Mayes v. State538 S.W.2d 637 (Tex. Crim. App. 1976)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

DepthCaseCited by
Ex Parte Noble, 176 S.W.2d 951 (Tex. Crim. App. 1943) 5
Ex Parte Dugue, 333 S.W.2d 382 (Tex. Crim. App. 1960) 4
Ex parte De Angelo, 294 S.W.2d 100 (Tex. Crim. App. 1956) 2
Ex parte Brewer, 452 S.W.2d 452 (Tex. Crim. App. 1970) 1

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