
    Ex parte SIMPKINS.
    (Court of Criminal Appeals of Texas.
    Nov. 19, 1913.)
    Habeas Cobpus (§ 113) — Appeal — Dismissal.
    Where, on a hearing upon habeas corpus, accused was remanded to the custody of the sheriff who was directed to release him upon bond, and accused appealed, his appeal should be dismissed for want of jurisdiction if he afterwards submitted to the trial court’s decision and entered into bond pursuant thereto.
    [Ed. Note. — For other cases, see Habeas Corpus, Cent. Dig. §§ 102-115; Dec. Dig. § 113.)
    Appeal from District Court, Grayson County; W. J. Mathis, Judge.
    Habeas corpus proceeding by E. S. Sirhp-Mns. From an order remanding relator to custody, he appeals.
    Appeal dismissed.
    C. E. Lane, Asst. Atty. Gen., for the State.
    
      
      For other oases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key-No. Series & Rep’r Indexes
    
   DAVIDSON, J.

Appellant resorted to a writ of habeas corpus to relieve himself from an arrest based on a complaint and information charging him with keeping a disorderly house. Upon a hearing he was remanded to the custody of the sheriff, who was instructed to release him upon his giving bond. Appellant gave notice of appeal from the decision of the court, and the ease was submitted. Since the submission appellant has concluded to accept the decision of the lower court and has entered into bond in pursuance of that conclusion. This fact has been made known to this court in a satisfactory way. This would dismiss the appeal for want of jurisdiction under the circumstances stated. This has been called to our attention by the attorneys on both sides and the sheriff and accompanying affidavit.

The appeal will be dismissed.  