
    Ex parte ELDRIDGE.
    (Court of Criminal Appeals of Texas.
    Jan. 21, 1914.)
    Habeas Cokpus (§ 113) — Appeal—Right to Appeal.
    In habeas corpus, where the writ is denied, the Court of Criminal Appeals will not entertain an appeal unless the relator is in custody.
    [Ed. Note. — For other cases, see Habeas Corpus, Cent. Dig. §§ 192-115; Dec. Dig. § 113.]
    Appeal from District Court, Tarrant County; R. H. Buck, Judge.
    Application by A. Eldridge for a writ of habeas corpus. From a judgment remanding relator, he appeals.
    Appeal dismissed.
    C. E. Lane, Asst. Atty. Gen., for the State.
    
      
      For other cases see same topic and section NUMBER in Deo. Dig. & Am. Dig. Key-No. Series & Rep’r Indexes
    
   HARPER, J.

In this case appellant shows that he was in custody by virtue of a judgment of the corporation court of the city of Ft. Worth. He sued out a writ of habeas corpus before Hon. R. H. Buck, judge of the district court of the Forty-Eighth judicial district. Upon a hearing he was remanded, and gave notice of appeal to this court. The record discloses that he is not in custody, and has not been, since he gave notice of appeal to this court. It has been so often decided that this court will not entertain an appeal in habeas corpus cases, unless the relator is in custody of the officers, it seems unnecessary to cite authorities, but see Ex parte Parvin, 63 Tex. Cr. R. 512, 140 S. W. 439, and cases there cited.

Appeal dismissed.  