66 S.W.2d 695 | Tex. Crim. App. | 1933
Applicant presents an original application for a writ of habeas corpus to this court asking discharge from custody of the Constable of Precinct No. 3 of Travis County, because of the unconstitutionality of section 23 of chapter 212, Acts of Regular Session of 42nd Legislature, as amended by section 11-a of House Bill 154, being chapter 162, Acts of Regular Session of 43rd Legislature. An inspection of the affidavit to the complaint upon which applicant bases his illegal arrest, discloses the fact it is signed by one J. A. Woody, and apparently sworn to and subscribed before one T. E. Johnson, Justice of the Peace of Precinct No. 3 of Travis County, Texas. Neither the affidavit nor the jurat bear any date. They are fatally defective, and can not furnish any proper basis for an arrest, and certainly none for an application for a writ of habeas corpus. We might observe that in Ex parte Turner,
The application for the writ of habeas corpus will be dismissed at the cost of the applicant.
Dismissed.