Ex Parte McGrew
Texas Supreme Court
Ox the sixteenth of April, 1874, the relator, J. D. McGrew, was tried before James. W. Smith, a justice of the-peace of Travis county, on a charge of aggravated assault and battery. He was found guilty by the verdict' of a jury, and his punishment assessed at a fine of $500' and twelve months imprisonment in the county jail.. Under a warrant of commitment issued • by the magistrate directing his imprisonment for the period found by the jury, he was confined in jail..
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Ox the sixteenth of April, 1874, the relator, J. D. McGrew, was tried before James. W. Smith, a justice of the-peace of Travis county, on a charge of aggravated assault and battery. He was found guilty by the verdict' of a jury, and his punishment assessed at a fine of $500' and twelve months imprisonment in the county jail.. Under a warrant of commitment issued • by the magistrate directing his imprisonment for the period found by the jury, he was confined in jail.. He applied to this court for a writ of habeas corpus•, directed to the sheriff of Travis county, on the twenty-second of April,…
1Opinion of the Court
Roberts, Chief Justice.
In this case, the writ having been granted, the prisoner was brought into court by the sheriff of Travis county, with a return upon the writ; showing that the prisoner had been sentenced to imprisonment in the county jail of Travis county for one year, and fined five hundred dollars, by a justice of the peace-of Travis county, upon a conviction before said justice for an aggravated assault and battery, and had been-committed to said jail to suffer his said punishment of imprisonment.
The main question before us is the jurisdiction of the-justice of the peace to try a…
2Cases cited2 opinions
- Baker v. ChisholmTexas Supreme Court · 1848
- Cowan v. NixonTexas Supreme Court · 1866
3Cited by4 opinions
- Ex Parte MorrisCourt of Criminal Appeals of Texas · 1959
- Neil v. StateTexas Supreme Court · 1875
- Ex Parte CassensCourt of Criminal Appeals of Texas · 1909
- Ex Parte FullerCourt of Appeals of Texas · 1885