Ex Parte Herbert E. Hargett, Applicant

Summary

The Court of Criminal Appeals held that the district court possessed jurisdiction to hear a habeas corpus application under Texas Constitution Article V, §8 even though the applicant was not in custody, and that the appellate court had jurisdiction to review the district court’s order denying relief on the merits. Accordingly, the matter was remanded to the Court of Appeals to consider the merits of the applicant’s claim.