
    Ex parte MOORE.
    (No. 11685.)
    Court of Criminal Appeals of Texas.
    Feb. 22, 1928.
    1. Habeas corpus <&wkey;ll3(6) — Notice to Court of Civil Appeals on appeal in habeas corpus proceeding held insufficient under statute to give Court of Criminal Appeals jurisdiction (Code Cr. Proc. 1925, art. 827).
    Where application for release from custody was made on writ of habeas corpus, and petitioner was remanded to custody, and he appealed, giving notice of appeal to Court of Civil Appeals, held that, under Code Cr. Proc. 1925 art. 827, prescribing requisites of notice of appeal, appeal notice given was insufficient, and Court of Criminal Appeals acquired no jurisdiction of appeal.
    2. Habeas corpus <s&wkey;113(6)— Notice of appeal is necessary in habeas corpus.
    It is necessary that notice of appeal be given in habeas corpus cases.
    Commissioners’ Decision.
    Appeal from District Court, Rockwall County; Joel R. Bond, Judge.
    Application by. Luke Moore for release on writ of habeas corpus against the Sherift of Rockwall County. From an order remanding petitioner to custody, he appeals.
    Appeal dismissed.
    
      H. M. Wade, of Rockwall, for appellant.
    A. A. Dawson, State’s Atty., of Austin, for the State.
   CHRISTIAN, X

Appellant applied for release upon a writ of habeas corpus, and, from an order of the district court of Rock-wall county remanding him to the custody of the sheriff, he prosecutes this appeal.

Appellant gave notice of appeal to the Court of Civil Appeals of Texas. This notice is insufficient. Article 827, O. C. P., requires that notice of appeal be given. Failure to give such notice is fatal, and the Court of Criminal Appeals in such case has no jurisdiction of the appeal. Danley v. State, 88 Tex. Cr. R. 31, 224 S. W. 888; Albrecht v. State, 85 Tex. Cr. R. 519, 215 S. W. 327, and authorities cited.

It is necessary that notice of appeal be given in appeals in habeas corpus cases. Ex parte Christian, 99 Tex. Cr. R. 99, 268 S. W., 160; Ex parte Barrier, 17 Tex. App. 585.

The appeal is dismissed.

PER CURIAM. The foregoing opinion of the Commission of Appeals has been examined by the judges of the Court of Criminal Appeals and approved by the court. 
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