Legal Opinion

Ex Parte Kearby and Hawkins

Court of Criminal Appeals of Texas

Decided March 5, 1896No. 105PublishedCited by 29 opinions

This proceeding embraced two original applications to Hon. John H. Henderson, a Judge of the Court of Criminal Appeals, for relief from custody under a verbal order of the Criminal Court of Dallas County, imprisoning relators for a contempt.

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This proceeding embraced two original applications to Hon. John H. Henderson, a Judge of the Court of Criminal Appeals, for relief from custody under a verbal order of the Criminal Court of Dallas County, imprisoning relators for a contempt. The writ was granted and issued February 29th, 1896, and made returnable before the Court of Criminal Appeals on March 2nd, 1896. The return upon the writs, which was made by the sheriff, Ben E. Cabell, at 3:30 o’clock, p. m., the 29th day of February, 1896, is as follows: “To the Hon. J. N. Henderson, Associate Judge, and the Court of Criminal Appeals of…

1Opinion of the Court

HENDERSON, Judge.

Applicants in this case applied for writs of habeas corpus, and one of the judges of this court granted the same, making the writs returnable before the full court, which is now in ses sion at this place. The applicants allege that the matter about which the judge of the Criminal District Court assumed to imprison them for contempt occurred during the trial of a cause in said District Court. It is averred in the application that the parties did no unlawful act in said court, and were guilty of no contempt of said court in any respect whatsoever, and that the said District…

2Cases cited2 opinions

  1. Ex parte O'BrienSupreme Court of Missouri · 1895
  2. Ex parte BurfordU.S. Circuit Court for the District of District of Columbia · 1807

3Cited by29 opinions

  1. Fisher v. PaceSupreme Court of the United States · 1949
  2. Robertson v. StateAlabama Court of Appeals · 1924
  3. Ex parte CreasySupreme Court of Missouri · 1912
  4. Ex Parte DuncanCourt of Criminal Appeals of Texas · 1901
  5. Ex Parte OwensCourt of Criminal Appeals of Oklahoma · 1927

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