Legal Opinion

Ex Parte Miller

Court of Criminal Appeals of Texas

Decided February 5, 1919No. 5264PublishedCited by 5 opinions

The relator was charged, by complaint and information, with the offense of aggravated assault, in the County Court of Galveston County At Law, and on a plea of guilty, was convicted of said offense on the 12th of September, 1918, and his fine assessed at the sum of five hundred dollars and one year confinement in the county jail.

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The relator was charged, by complaint and information, with the offense of aggravated assault, in the County Court of Galveston County At Law, and on a plea of guilty, was convicted of said offense on the 12th of September, 1918, and his fine assessed at the sum of five hundred dollars and one year confinement in the county jail. On the 24th of September, 1918, relator applied to District Judge ■ Robert G. Street, Acting Judge of the Tenth Judicial District, for a writ of habeas corpus, claiming among other things that the order and judgment of said County Court of Galveston County At Law was…

1Opinion of the Court

MORROW, Judge.

The relator was convicted of an offense on a plea of guilty in the County Court at law "of Galveston County.

He sought release on an application for a writ of habeas corpus on the allegation that the judgment convicting him was void for the reason that the County Court at law was not in session but its term had ended at the time the judgment was rendered.

The statute creating the court contains the following: 1 * The terms of the County Court of Galveston County at law shall be held as now established for the terms of the County Court of Galveston County until the same terms may…

2Cited by5 opinions

  1. Key Western Life Insurance v. State Board of InsuranceTexas Supreme Court · 1961
  2. Ex Parte WilliamsCourt of Criminal Appeals of Texas · 1943
  3. Moore v. MettauerCourt of Appeals of Texas · 1936
  4. Ex Parte JonesCourt of Criminal Appeals of Texas · 1937
  5. Key Western Life Insurance v. State Board of InsuranceTexas Supreme Court · 1961

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