Legal Opinion

Jordan v. State

Texas Supreme Court

Decided July 1, 1855PublishedCited by 7 opinions

Appeal from San Augustine. Petition for a habeas corpus, alleging “ that he is (as he is informed and believes) thus un- “ lawfully imprisoned by and in pursuance of an order of the “ Court now in session, because he refused this day to answer “ questions concerning playing at cards, propounded to him by “ the- Grand Jury, then in session ; and your petitioner avers “ that the grounds upon which he so refused are, that he could “ not answer said questions without furnishing…

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Appeal from San Augustine. Petition for a habeas corpus, alleging “ that he is (as he is informed and believes) thus un- “ lawfully imprisoned by and in pursuance of an order of the “ Court now in session, because he refused this day to answer “ questions concerning playing at cards, propounded to him by “ the- Grand Jury, then in session ; and your petitioner avers “ that the grounds upon which he so refused are, that he could “ not answer said questions without furnishing evidence against “ himself; and that his refusal to answer was not from any dis- “ respect of the Court or its authority…

1Opinion of the CourtWheeler, J.

It has been heretoiore determined by this Court, that an appeal will not lie from a judgment of the District Court punishing a witness, by fine and imprisonment, for a contempt, committed in refusing to give evidence before the Grand Jury. (Floyd v. The State, 7 Tex. R. 215.) The case ex parte Kearny, (7 Wheat. R. 38,) was there cited, where it was held by the Supreme Court of the United States, that the punishment of a witness by imprisonment, for a contempt committed in refusing to answer questions, on the ground that his answers would tend to criminate himself, being a criminal case, was…

2Cases cited1 opinion

  1. Commonwealth v. RobinsonSupreme Court of Pennsylvania · 1815

3Cited by7 opinions

  1. Ex parte DegenerCourt of Appeals of Texas · 1891
  2. Holman v. Mayor of AustinTexas Supreme Court · 1871
  3. Howard v. KopperlTexas Supreme Court · 1887
  4. Ex parte DenyNevada Supreme Court · 1875
  5. Ex Parte DuncanCourt of Criminal Appeals of Texas · 1901

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