Ex Parte Love
Court of Criminal Appeals of Texas
Prom Cherokee County. Original application for habeas corpus for release from a commitment for a conviction of violating the local option law, under claim that the indictment under which relator was convicted was not returned by a legally constituted grand, jury.
1Opinion of the Court
DAVIDSOW, Presiding Judge.
On May 22, 1905, the grand jury was duly organized in the District Court of Cherokee County at a regular term, with the constitutional number of twelve. On May 27th, an order was entered on the minutes allowing that body to take a recess for some days, in fact until the 19th of June.
This was properly done. On June 19th the grand jury re-assembled with only eight of the original number present, the others being detained on account of the swollen condition of the streams, and one of said grand jurors, W. W. Hatchett, was sick. Hatchett not appearing by noon, the…
2Cases cited1 opinion
- Matthews v. StateCourt of Criminal Appeals of Texas · 1900
3Cited by3 opinions
- Pena v. StateCourt of Criminal Appeals of Texas · 1939
- Millikin v. StateCourt of Criminal Appeals of Texas · 1927
- Wright v. StateCourt of Criminal Appeals of Texas · 1919