Legal Opinion

Ex Parte Quesada

Court of Criminal Appeals of Texas

Decided February 6, 1895No. 89PublishedCited by 11 opinions

Application for mandamus to District Court of Bexar. The following is the petition submitted to the Court of Criminal Appeals for mandamus: “To the Honorable Presiding Judge and Associate Justices of the Court of Criminal Appeals for the State of Texas: ‘‘ Comes now A. W. Seeligson, informant and demandant, attorney for John Quesada, alias John Clanton, and respectfully shows to the court, that heretofore, to wit, on the 20th day of June, 1891, the said John Quesada, alias…

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Application for mandamus to District Court of Bexar. The following is the petition submitted to the Court of Criminal Appeals for mandamus: “To the Honorable Presiding Judge and Associate Justices of the Court of Criminal Appeals for the State of Texas: ‘‘ Comes now A. W. Seeligson, informant and demandant, attorney for John Quesada, alias John Clanton, and respectfully shows to the court, that heretofore, to wit, on the 20th day of June, 1891, the said John Quesada, alias John Clanton, was, in a case entitled ‘ The State of Texas v. John Quesada, alias John Clanton/ tried in the District…

1Opinion of the Court

HURT, Presiding Judge.

Application for a writ of mandamus to compel the district judge to try the question of insanity after con viction and judgment for robbery. This court has no jurisdiction to issue the writ for that purpose. This court can issue the writ only for the purpose of enforcing its own jurisdiction. Const., art. 5, sec. 5. If the question of insanity had been tried under the provisions of the code, and the appellant had been found sane against the great overwhelming preponderance of the testimony, and if every rule of evidence had been violated in the trial, no appeal would lie…

2Cited by11 opinions

  1. De Silvia v. StateCourt of Criminal Appeals of Texas · 1924
  2. Bradley v. MillerCourt of Criminal Appeals of Texas · 1970
  3. Bingham v. StateCourt of Criminal Appeals of Oklahoma · 1946
  4. Millikin v. Jeffrey, District JudgeTexas Supreme Court · 1927
  5. Ex Parte Martinez, Jr.Court of Criminal Appeals of Texas · 1912

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