Court of Criminal Appeals of Texas

Ex Parte Bennett Weise, Appellant

September 19, 20012001 Tex. Crim. App. LEXIS 73

Summary

The Court held that a pretrial writ of habeas corpus may not be issued to challenge the constitutionality of a penal statute as applied when the statute is not facially invalid and the charging instrument is not void. The issue was not ripe because an appeal of the motion to quash provides an adequate remedy. Accordingly, the Court reversed the Court of Appeals' decision.