
    KIMBERLIN v. STATE.
    (No. 9725.)
    (Court of Criminal Appeals of Texas.
    Dec. 23, 1925.)
    Criminal law 1131 (4)— Appeal dismissed, where question decided in other proceedings.
    Where accused, charged under Delinquent Child Act, appealed from order of district court refusing bond, appeal will be dismissed upon showing that her right to bond had been decided favorably to her on her application for writ of habeas corpus.
    Commissioners’ Decision.
    Appeal from District Court, Hunt County; J. M. Melson, Judge.
    Maudie Kimberlin was charged under the Delinquent Child Act, and appeals from an order of the district court refusing her bond during the pendency of the case.
    Appeal dismissed.
    McMahon & Dohoney, of Greenville, for appellant.
   BERRY, J.

The appellant is charged by complaint in the district court of Hunt county under the Delinquent Child Act (Code Or. Proc. 1925, art 1083 et seq.); the allegation being that she is a female under the age of 18 years, and that she unlawfully and knowingly associated with an immoral person and lived in adultery with such immoral person. The case is before us on appeal from an order of the district court refusing her bond during the pendency of said case. This is the sole issue presented by this appeal.

On appellant’s application for the writ of habeas corpus, the question of her right to bond was decided by this court in cause No. 9733, Ex parte Maudie Kimberlin, 276 S. W. 237, on October 14,1925, and the instant case should have been consolidated with that one. The relief sought by appellant in this appeal was granted to her in the above cause, and her bond was fixed therein -in the sum of $500. The question involved in the instant ease having already been decided, and bond having already been granted, there is( nothing before this court in this case for review.

This appeal is accordingly 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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