Legal Opinion

Thomas v. State

Texas Supreme Court

Decided July 1, 1874PublishedCited by 8 opinions

Appeal from Johnson. Tried below before the Hon. Charles Soward. This is an appeal from an order refusing the writ of habeas corpus, on the application of Johnson, who was confined pending his appeal from a conviction for assault with intent to murder.

1Opinion of the Court

Reeves, Associate Justice.

At the Fall term, 1873, of the District Court of Johnson county, the appellant was convicted of an assault to murder, and his punishment was assessed by the jury to confinement in the penitentiary for two years. The court made an order directing the sheriff to convey the defendant to the nearest jail for safe keeping, to await the action of the Supreme Court. Afterwards the defendant applied to Judge Soward for a writ of habeas corpus by petition, and which was filed twentieth of December, 1873. He sets forth in his peti*7tion that he is illegally restrained in his…

2Cases cited2 opinions

  1. Ex parte AinsworthTexas Supreme Court · 1865
  2. Yarbrough v. StateTexas Supreme Court · 1847

3Cited by8 opinions

  1. Ex Parte VillanuevaCourt of Criminal Appeals of Texas · 2008
  2. Ex Parte StrongCourt of Criminal Appeals of Texas · 1895
  3. Ex Parte Mary SmithCourt of Criminal Appeals of Texas · 1919
  4. Ex Parte CoopwoodTexas Supreme Court · 1876
  5. Ex parte FosterCourt of Appeals of Texas · 1879

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