Legal Opinion

Ex Parte Taylor

Court of Criminal Appeals of Texas

Decided March 26, 1895No. 731PublishedCited by 2 opinions

Appeal from Special Term of the County Court of Houston County. Tried below before Hon. A. A. Aldrich, County Judge. Appellant applied to the county judge for a writ of habeas corpus, praying that he be released and discharged from imprisonment in the county jail, in which he was confined for failure to pay the fine and costs which had been adjudged against him in a misdemeanor case tried by a justice of the peace; and claiming, that he was entitled to his release, because…

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Appeal from Special Term of the County Court of Houston County. Tried below before Hon. A. A. Aldrich, County Judge. Appellant applied to the county judge for a writ of habeas corpus, praying that he be released and discharged from imprisonment in the county jail, in which he was confined for failure to pay the fine and costs which had been adjudged against him in a misdemeanor case tried by a justice of the peace; and claiming, that he was entitled to his release, because he had laid in jail, after he had filed his affidavit of inability to pay said fine and costs, a sufficient length of…

1Opinion of the Court

HENDERSON, Judge.

The appellant was tried for a misdemeanor before a Justice Court in Houston County, and convicted, and fined $5. The costs amounted to $14.85; the total of said fine being $19.85. The defendant was committed to jail on the 17th of February, 1895, for failure to pay said fine and costs. He staid in jail till the 1st of March, 1895, when he made and filed his affidavit of inability to pay this fine and costs adjudged against him. It has been held at the present term of this court (see Ex Parte Eichmond, ante, p. 112), following Ex Parte Hunt, 28 Texas Criminal Appeals, 361,…

2Cited by2 opinions

  1. Ex Parte GrimesCourt of Criminal Appeals of Texas · 1917
  2. Ex Parte ClaytonCourt of Criminal Appeals of Texas · 1907

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