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EX PARTE ROY C. FLOWERS.

Habeas Corpus — Appeal Dismissed.

Appeal from an order in habeas corpus proceeding remanding relator would be dismissed, where record contained no remanding order or judgment, and no notice of appeal, since both the judgment and notice were necessary to confer jurisdiction on Court of Criminal Appeals.

HAWKINS, Presiding Judge.

Resisting an extradition warrant directing his return to Oklahoma appellant obtained a writ of habeas corpus.

Apparently appellant is appealing from an order remanding him. However, from the record before us no remanding order or judgment appears; neither is there any notice of appeal found in the record.

Both the judgment and notice are necessary to confer jurisdiction on this court. Ex parte Davis 105 Tex.Crim. R., 287 S.W. 246.

The appeal is dismissed.

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EX PARTE FLOWERS
(Feb 7, 1940)