
    LONG v. STATE.
    (No. 4781.)
    (Court of Criminal Appeals of Texas.
    Dec. 19, 1917.)
    Contempt @=>66(1) — Review of Proceedings —Form of Remedy — “Contempt Proceeding.”
    A proceeding to punish a witness for failing to obey a subpoena is classed as a “contempt proceeding,” and the judgment is not appeal-able under Code Cr. Proc. 1911, art. 894, authorizing appeals in criminal cases upon conviction, and article 952, relative to the hearing of appeals in habeas corpus cases; the remedy being by habeas corpus.
    [Ed. Note. — For other definitions, see Words and Phrases, First and .Second Series, Contempt Proceeding.]
    Appeal from District Court, Titus County; J. A. Ward, Judge.
    W. J. Long was fined for contempt in failing to obey a subpoena, and he appeals.
    Appeal dismissed.
    T. C. Hutchings, of Mt. Pleasant, for appellant. E. B. Hendricks, Asst. Atty. Gen., for the State.
   MORROW, J.

The appellant was subpoenaed as a witness in a criminal case, and fined $50 by the court for failure "to obey the subpoena.

Thgre was a hearing, and a motion to set aside the judgment. The state, through the Assistant Attorney General, moves to dismiss the appeal on the ground that the judgment-is one from which an appeal does not lie. This proceeding is classed as a contempt proceeding from which there is no provision for appeal. The cases in which this court has jurisdiction are those in which there is a final judgment of conviction (article 894, 0. O, P.), and where on habeas corpus the relief sought is denied (article 952, O. C. P.; Ryan v. State, 198 S. W. 582, recently decided by this court). Other cases in point are Pegram v. State, 72 Tex. Cr. R. 176, 161 S. W. 458, and cases there cited, and Ex parte Degener, 30 Tex. Cr. App. 566, 17 S. W. 1111. Erorn a judgment for contempt this court can give relief only on writ of habeas corpus when the relator is in custody.

For the reasons stated, the appeal is dismissed. 
      @=For otter oases see same topic and KEY-NUMBER in all Key-NumSered Digests and Indexes
     