Ex Parte Ezell
Texas Supreme Court
D. M. Ezell and John Ivey were, at the February term, 1874, of the Travis District Court, tried and found guilty of a felony, and their punishment assessed at imprisonment in the penitentiary. Final judgment of conviction was rendered against them, and they were committed to jail. Their application for bail, made after conviction, being refused by the district judge, they applied to this court for a writ of habeas corpus, and in their application set forth the above facts.
1Opinion of the Court
Roberts, Chief Justice.
The Code of Criminal Procedure provides, that ‘' when the defendant appeals in any case of felony, he shall be committed to jail until the decision of the Supreme Court can be made.”
The applicants having been convicted of a felony in the District Court and taken an appeal to this court, contend that they are entitled to bail in contravention to the law, because it is in conflict with that part of our Bill of Rights in the Constitution which says that “all prisoners shall be bailable upon sufficient sureties, unless for capital offenses when the proof is evident; but ■…
2Cases cited2 opinions
- Yarbrough v. StateTexas Supreme Court · 1847
- Self v. MorrisSupreme Court of Louisiana · 1844
3Cited by32 opinions
- Ex Parte AndererCourt of Criminal Appeals of Texas · 2001
- Ex Parte McKayCourt of Criminal Appeals of Texas · 1917
- State of Fla. Ex Rel. Stringer v. QuiggSupreme Court of Florida · 1926
- Ex Parte LadayCourt of Criminal Appeals of Texas · 1980
- City of Sioux Falls v. MarshallSouth Dakota Supreme Court · 1925
27 more not listed; retrieve them via the Exa API.