
    Ex parte DAVIS.
    (No. 10544.)
    (Court of Criminal Appeals of Texas.
    Oct. 13, 1926.)
    1. Habeas corpus <®=»1I3(9).
    Hearing on application for writ of habeas corpus having taken place during vacation, transcript of proceedings certified by clerk held defective, in view of Code Cr. Proc. 1925, art. 857, requiring judge to certify transcript.
    2. Habeas corpus @=^113(9).
    Where record showed no notice of appeal from judgment in habeas corpus proceedings remanding relator to sheriff’s custody after denial of bail, reviewing court has no jurisdiction of appeal.
    Appeal from District Court, Erath County; J. B. Keith, Judge.
    Application by F. L. Davis for a writ of habeas corpus, seeking release on bail. From an order denying his request for bail, relator appeals.
    Cause dismissed.
    J. T. Ranspot, of Mineral Wells, for appellant.
    Sam D. Stinson, State’s Atty., of Austin, and Robt. M. Lyles, Asst. State’s Atty., of Groesbeck, for the State.
   HAWKINS, J.

Relator is under indictment for the offense of rape. By habeas corpus proceeding before Hon. J. B. Keith, judge of the Twenty-Ninth judicial district, relator sought release upon bail. His request for bail was denied, and he was remanded to the custody of the sheriff.

The record before us is incomplete in two particulars. The hearing was had in vacation, and in such case the transcript of the proceedings must be certified by the judge. Article 857, C. C.' P. (1925). The present transcript is certified by the clerk. This is proper only when the hearing is had by the court in session. Ex parte Francis, 91 Tex. Cr. 398, 239 S. W. 957. The record shows no notice of appeal from the judgment remanding relator. Without such notice; no jurisdiction is given this court. Ex parte Shearman, 89 Tex. Cr. R. 340, 230 S. W. 691; Ex parte Francis, 91 Tex. Cr. R. 398, 239 S. W. 957.

The cause is dismissed. 
      <S=5iror other eases see same topic and KE 7-NUMBER in all Key-Numbered Digests and Indexes
     