
    Ex parte BARNETT.
    (No. 3163.)
    (Court of Criminal Appeals of Texas.
    June 3, 1914.)
    1. Habeas Corpus (§ 113) — Appeal—Decisions Reviewable.
    An order refusing to grant a writ of habeas corpus is not appealable.
    [Ed. Note. — Eor other cases, see Habeas Corpus, Cent. Dig. §§ 102-115; Dec. Dig. § 113.]
    2. Habeas Corpus (§ 4) — Existence op Other Remedies.
    Pending an appeal from a judgment of conviction, the defendant was not entitled to a writ of habeas corpus, as the jurisdiction of the Court of Criminal Appeals had attached, and the questions raised could be heard and determined on the appeal.
    [Ed. Note. — Eor other cases, see Habeas Corpus, Cent. Dig. § 4; Dec. Dig. § 4.]
    Appeal from District Court, Grayson County ; W. M. Peck, Judge.
    Application by J. H. Barnett for a writ of habeas corpus. From an order denying the writ, the applicant appeals.
    Appeal dismissed.
    C. E. Lane, Asst. Atty. Gen., for the State.
    
      
      For other cases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key-No. Series & Rep’r Indexes
    
   HARPER, J.

Appellant was convicted of violating the prohibition law on a trial held in the district court of Grayson county. A motion for new trial was overruled, and notice of appeal given. Subsequent thereto, and after the adjournment of court, relator applied to Judge Peck for a writ of habeas corpus, who set the application down for hearing as to whether or not he would grant the writ. Upon the hearing he refused to grant the writ. Upon such state of facts no appeal lies to this court. Magee v. State, 44 Tex. Cr. R. 385, 71 S. W. 599. Another reason why this case must be dismissed is that, notice of appeal having, been given and entered of record, the jurisdiction of this court attached, and all questions raised can be heard and passed on in that appeal, and, as said by Judge Hurt in Ex parte Barfield, 44 S. W. 1095, “relator has no right to the writ of habeas corpus under such a state of facts.”

The appeal is dismissed.  