Legal Opinion
Ex Parte Donohue
Court of Criminal Appeals of Texas
Decided May 14, 1980No. 64385PublishedCited by 9 opinions
1Opinion of the Court
OPINION
DALLY, Judge.
This is a post-conviction habeas corpus proceeding brought pursuant to the provisions of Art. 11.07, V.A.C.C.P.
The petitioner seeks relief asserting that the indictment under which he was convicted does not allege an offense against the laws of this State; therefore, the trial court did not have jurisdiction and the judgment of conviction is void. We agree and grant the requested relief.
On January 30, 1978, the second count of the indictment which alleged the offense of burglary with the intent to commit theft was abandoned by the State, and the petitioner was found guilty…
2Cases cited7 opinions
- Ex Parte CannonCourt of Criminal Appeals of Texas · 1976
- Davila v. StateCourt of Criminal Appeals of Texas · 1977
- Gonzales v. StateCourt of Criminal Appeals of Texas · 1975
- Vaughn v. StateCourt of Criminal Appeals of Texas · 1975
- Daniels v. StateCourt of Criminal Appeals of Texas · 1978
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Karl Dean Stahmann v. State, Texas Court of Appeals, 13th District2018
- Mixon v. State, Texas Court of Appeals, 5th District (Dallas)1982
- Turner v. StateCourt of Criminal Appeals of Texas · 1987
- Willie James Mitchell, Jr. v. State, Texas Court of Appeals, 1st District (Houston)2004
- Gilliam v. StateCourt of Appeals of Texas · 1988
4 more not listed; retrieve them via the Exa API.