Ex parte Wells, 169 Tex. Crim. 127 (Tex. Crim. App. 1960). · Go Syfert
Ex parte Wells, 169 Tex. Crim. 127 (Tex. Crim. App. 1960). Cases Citing This Book View Copy Cite
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2 citation events across 1 distinct court.
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discussed Cited as authority (quoted) Washington v. State
Tex. App. · 2010 · signal: see · quote attribution · 1 verbatim quote · confidence high
the application for the writ, although sworn to, is but a pleading and does not prove itself.
discussed Cited as authority (quoted) Kelvin Washington v. State
Tex. App. · 2010 · signal: see · quote attribution · 1 verbatim quote · confidence high
the application for the writ, although sworn to, is but a pleading and does not prove itself.
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Ex Parte Weldon Louis Wells
No. 31,844.
Court of Criminal Appeals of Texas.
Mar 2, 1960.
169 Tex. Crim. 127
Desmond E. Gay, Houston 2, for appellant., Dan Walton, District Attorney, Samuel H. Robertson, Jr., Assistant District Attorney, Houston, and Leon Douglas, State’s Attorney, Austin, for the state.
Belcher.
Cited by 2 opinions  |  Published
1 passages pin-cited by 2 cases
Pinpoint authority: bottom 92%
Citer courts: Court of Appeals of Texas (2)
BELCHER, Judge.

This is an appeal from an order made in a habeas corpus hearing remanding the appellant.

The court upon a hearing of an application for a writ of habeas corpus filed in the County Court at Law No. 2 of Harris County, denied the relief sought by said application and re[*128] manded the appellant to the custody of the sheriff of Harris County.

No statement of facts or formal bills of exception accompany the record. The judgment shows that both parties introduced evidence upon the hearing, but such evidence is not authenticated in any manner in the record. The application for the writ, although sworn to, is but a pleading and does not prove itself. Therefore this court will presume the regularity and legality of the action of the trial court. 21 Tex. Jur., 491, sec. 66; 1 Branch 2ed., 599, sec. 622; Ex parte Ambrose, 145 Tex. Cr. Rep. 582, 170 S.W. 2d 731.

The judgment is affirmed.

Opinion approved by the Court.