
    Ex parte WIGGS.
    No. 14395.
    Court of Criminal Appeals of Texas.
    April 22, 1931.
    E. B. O’Quinn, of Marfa, for appellant.
    Lloyd W. Davidson, State’s Atty., of Austin, for tbe State.
   CHRISTIAN, J.

After a bearing on a writ of habeas corpus, relator was remanded to tbe custody of tbe sheriff. Hence this appeal.

Relator was convicted in tbe county court of Brewster county on April 9, 1930, on a complaint and information charging him with tbe offense of swindling. On tbe 16th day of tbe same month motion for new trial was overruled and notice of appeal given. In an opinion by this court delivered February 18, 1931, judgment of conviction was affirmed. In affirming tbe judgment, this court expressly held that tbe information upon which tbe conviction was based was sufficient. See Clarence Wiggs v. State of Texas, 36 S.W.(2d) 765, delivered February 18, 1931. Motion for rehearing being filed, this court, in an opinion delivered March 25, 1931, overruled tbe motion. See opinion on motion for rehearing, Clarence Wiggs v. State of Texas, 36 S.W.(2d) 765, delivered March 25, 1931. On tbe 27th day of March, 1931, this court duly issued its mandate to tbe county coprt of Brewster county, and thereafter, on tbe 2d day of April, 1931, tbe clerk of tbe county court of Brewster county issued a capias pro fine for the arrest of relator. On tbe 4th day of April, 1931, relator made application to tbe judge of tbe county court of Brewster county for a writ of habeas corpus. Tbe writ having been awarded, tbe sheriff answered that relator was held under a capias pro fine issued by tbe clerk of tbe county court after tbe mandate from this court bad been received.

Tbe specific contention of relator is that tbe complaint and information failed to charge an offense, and that, therefore, tbe county court was without jurisdiction to render judgment against him. As hereinbefore stated, tbe complaint and information were held sufficient by this court on tbe appeal from the judgment of conviction. Relator now seeks to use tbe writ of habeas corpus to appeal from tbe judgment this court has already affirmed. A writ of habeas corpus cannot serve tbe purpose of an appeal. Branch’s Annotated Texas ’ Penal Code, sec. 239; Ex parte Wells, 111 Tex. Cr. R. 443, 14 S. W.(2d) 1027; Ex parte Evans, 109 Tex. Cr. R. 231, 4 S.W.(2d) 67; Ex parte Burford, 70 Tex. Cr. R. 281, 156 S. W. 686.

Tbe judgment is affirmed.

PER CURIAM.

Tbe foregoing opinion of tbe Commission of Appeals has been examined by tbe Judges oí tbe Court of Criminal Appeals and approved by the court.  