The Texas Criminal Reports Volume 81

The Texas Criminal Reports Volume 81

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1919 edition. Excerpt: the examining magistrate while the court was in session, and approved by him relator is entitlted to a discharge thereon on a writ of habeas corpus. Following Arrington v. State, 13 Texas Crim. App., 551, and other cases. Distinguishing State v. Russell, 24 Texas, 505. Appeal from the District Court of Hill. Tried below before the Hon. Horton B. Porter.. Appeal from a writ of habeas corpus proceeding refusing relator to be discharged upon a bond approved by the examining magistrate. The opinion states the case. No brief on file for appellant. E. B. Hendricks, Assistant Attorney General, for the State. DAVIDSON, PRESIDING J UDGE.--Appellant was arrested for a felony and taken before the examining court and bound over in the sum of $500 to await the action of the grand jury. Bond was approved by the court while court was in session. Afterward commitment was issued to the sheriff and the sheriff refused to discharge appellant under the bond given to and approved by the magistrate. Writ of habeas corpus was applied for before the district judge, appellant claiming his-right of release under the bond approved by the magistrate. The court overruled his contention, remanding him to the custody of the sheriff, intimating that the sheriff must take the bond. It is unnecessary to enter into a discussion of this matter at any length. The magistrate had the legal authority to take the bond while his court was in session. See Revised Code of Criminal Procedure, arts. 345 and 346. If the party be ready to give bail, the magistrate shall prepare, or cause to be prepared, a bail bond, which shall be signed by the accused and his surety or sureties, the magistrate first being satisfied as to the sufliciency of the security. Article 346 provides, more

Product details

  • Paperback | 370 pages
  • 189 x 246 x 20mm | 658g
  • United States
  • English
  • black & white illustrations
  • 1236959000
  • 9781236959003