
    Ex parte BARR.
    (Court of Criminal Appeals of Texas.
    April 12, 1911.)
    Criminal Law (§ 1084) — Appeal—Custody.
    Accused being entitled to enter notice of appeal during the term at which he was convicted, it was improper to remove him to the penitentiary, where his motion for new trial had been overruled and the notice of appeal was entered.
    [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 2731, 2732, 2735; Dee Dig. § 1084.]
    Application by John Barr for a writ of ha-beas corpus.
    Applicant remanded to certain custody.
    N. H. Phillips, for appellant C. E. Lane, Asst. Atty. Gen., for the State.
    
      
      For other oases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key No. Series & Rep’r Indexes
    
   DAVIDSON, P. J.

Applicant was convicted, and under plea of guilty sentenced to the penitentiary. Subsequently he moved for a new trial, which was overruled. He gave notice of appeal, which was duly entered. He was then forwarded to the penitentiary, where he is now incarcerated. The appeal in that case is now before this court for decision. 136 S. W. 454.

The convicted party has the right to enter notice of appeal during the term at which he is convicted. Of this he cannot be deprived if he desires to appeal, though he has been previously sentenced. The incarceration of applicant in the penitentiary under above facts is in violation of law. The penitentiary officials will return applicant to the sheriff of Trinity county, to await disposition of his appeal in the cases in which he was convicted, now pending in this court.  