Legal Opinion

Ex parte England

Court of Appeals of Texas

Decided February 16, 1887No. 2231PublishedCited by 2 opinions

Habeas Corpus on appeal from the District Court of East-land. Tried below before the Hon. J. C. Randolph. The applicant in this case was held under an indictment which charged him with the murder of W. R. Todd, in Eastland county, Texas, on the first day of July, 1884. He sued out a writ of habeas corpus, after a mistrial upon the said indictment, but upon a hearing of the same he was refused bail, and was remanded to the custody of the sheriff of Eastland county.

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Habeas Corpus on appeal from the District Court of East-land. Tried below before the Hon. J. C. Randolph. The applicant in this case was held under an indictment which charged him with the murder of W. R. Todd, in Eastland county, Texas, on the first day of July, 1884. He sued out a writ of habeas corpus, after a mistrial upon the said indictment, but upon a hearing of the same he was refused bail, and was remanded to the custody of the sheriff of Eastland county. His appeal to this court results in the reversal of the order denying bail, and the award of the same in the sum of three thousand…

1Opinion of the Court

White, Presiding Judge.

Applicant was indicted for the murder of W. B. Todd. Upon a trial under said indictment, the *99jury having.failed to agree, a mistrial was ordered and they were discharged by consent of parties. Applicant then obtained a-writ of habeas corpus upon an application for bail, which, having been heard in term time by the Honorable J. C. Randolph, judge of the Thirty-fifth judicial district, he was denied bail and remanded to custody to await another trial. From the judgment he has appealed to this court.

Opinion delivered February 16, 1887.

All prisoners are bailable “ unless…

2Cases cited2 opinions

  1. People v. Tinder & SmithCalifornia Supreme Court · 1862
  2. Ex parte PattisonMississippi Supreme Court · 1878

3Cited by2 opinions

  1. Ex parte CowardCourt of Criminal Appeals of Texas · 1943
  2. Ex parte RoarkCourt of Criminal Appeals of Texas · 1933

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