The Texas Criminal Reports Volume 83

The Texas Criminal Reports Volume 83

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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. 1920 edition. Excerpt: ... one hundred dollars and three days in the county jail for violating an injunction of the District Court of El Paso County in a civil ' proceeding. MORROW, ., UDGE.--This is an original application for writ of habeas co1 pus seeking relief against judgment of the District Court in El Paso County declaring relator in contempt of court. The State suggests the want of jurisdiction of this court, citing Ex parte Zuccaro, 72 Texas Crim. Rep., 214, and Ex parte Mussett, 72 Texas Crim. Rep., 487. One of these cases, Ex parte Zuccaro, supra, indicates that the majority of the court rendering the opinion were of opinion that by reason of article 1529 of the Revised Civil Statutes that this court would be without jurisdiction to grant a writ of habeas corpus to one restrained of his liberty by virtue of an order entered in a civil case. The Mussett case follows the same line of reasoning, stating: "To our mind, taking into consideration our Constitution, and the amendment thereto, the Act of the Legislature, in pursuance of this amendment to the Constitution quoted above, it was the clear intent and purpose that in this character of case the application for a writ of habeas corpus should be addressed to the Supreme Court, and not to this court." In State ex rel. McNamara v. Clark, 79 Texas Crim. Rep., 559, the majority of the court rendering the opinion held it is vested with the jurisdiction to give relief against an injunction ordered issued by a district court. This decision, it is claimed in the dissenting opinion, is in conflict with the cases of Zuccaro and Mussett, supra. Whatever may be-the scope or effect of the decisions mentioned, the writer is of the opinion that the Court of Criminal Appeals has jurisdiction to issue a writ...
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Product details

  • Paperback | 356 pages
  • 189 x 246 x 19mm | 635g
  • United States
  • English
  • black & white illustrations
  • 1236950895
  • 9781236950895