44 Tex. 578 | Tex. | 1876
This is an appeal from the judgment of the District Court in the case of habeas corpus, wherein it was determined by the court that this was not the proper remedy to try the issue of autrefois acquit. In this the court did not err. The appropriate remedy, if the appellant is entitled to any, is by a special plea entered in the court in which the indictment is pending, under
That habeas corpus is not the proper remedy in such a case has been decided substantially by this court in accordance, it is believed, with well-established authority. (Perry v. The State, 41 Tex., 488; Wright v. The State, 7 Ind., (Porter,) R, 324; Hurd on Habeas Corpus, p. 335-344; Commonwealth v. Norton et al., 8 Serg. & Rawle, 71.)
The judgment must therefore be affirmed.
Affirmed.