
    Ex parte BURKHART.
    (No. 8536.)
    (Court of Criminal Appeals of Texas.
    Feb. 20, 1924.)
    Habeas corpus &wkey;>25(l) — Granting of second application because applicant precluded by confinement from effecting appeal from denial of first held unwarranted.
    That applicant was remanded and confined to a state training school, after hearing on an application for a writ of habeas corpus before a county court and the giving of notice of an appeal, held not grounds for the granting of a subsequent writ by the Court of Criminal Appeals on the theory that such confinement had prevented him from effecting his appeal.
    Application by Edwin Burkhart for a writ of habeas corpus. Application denied.
    See, also, 94 Tex. Cr. R. 583, 253 S. W. 259.
    Tom Garrard, State’s Atty., and Grover C. Morris, Asst. State’s Atty., both of Austin, for the State.
   JUATTIMORE, J.

This is an original application for a writ of habeas corpus. At a former day a writ was granted this applicant and made returnable to the county court of Tarrant county with instructions to hear testimony and ascertain certain facts. The learned trial judge heard evidence, decided the issue, and remanded relator, and we learn from a copy of his judgment' that notice of appeal was given. Subsequently it appears that relator was carried to the State Training School for Boys at Gatesville. It is alleged in this application that such action prevented the effecting of the appeal. How this could be is not set out. This presents no ground for granting a writ of ha-beas corpus on our part.

The application will be dented.  