# Ex Parte Rodriguez

> Court of Criminal Appeals of Texas · April 13, 1960 · 169 Tex. Crim. 367

URL: https://www.frixlaw.com/law-library/cases/1517820

## Case

- **Full name:** Ex Parte Ruben M. RODRIGUEZ
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** April 13, 1960
- **Citations:** 169 Tex. Crim. 367; 334 S.W.2d 294; 1960 Tex. Crim. App. LEXIS 2944
- **Precedential status:** Published
- **Opinion:** Opinion by Woodley
- **Judges:** Woodley
- **Cited by:** 3,268 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/1517820

## Opinion text

WOODLEY, Judge.
The letter of the above named applicant was filed in this Court as an original application for habeas corpus.
Relator is confined in jail and complains that the two judgments, each assessing a one year jail term, were not properly cu-mulated.
This Court does not hear evidence.
In proceedings of this character it has been the uniform practice of this Court for many years to require that resort be first had to application for habeas corpus to the judge of the trial court or other county court, county court at law or district judge of the county for relief, and an application for habeas corpus originally filed in this Court attacking the legality of confinement under a misdemeanor judgment will not otherwise be entertained. 21 Tex. Jur. 445, Habeas Corpus, Sec. 34; Ex parte
*295
Fitzpatrick, Tex.Cr.App., 320 S.W.2d 683 ; Ex parte Japan, 36 Tex.Cr.R. 482 , 38 S.W. 43 ; Ex parte Lynn, 19 Tex.App. 120 ; art. 121, Vernon’s Ann.C.C.P.
The application is dismissed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/1517820. Public record. Not legal advice.