Ex parte Valasquez
Texas Supreme Court
Tried before the Supreme Court sitting at Galveston. On the 5th day of March, 1862, John Velasquez, the applicant, was tried before a Justice of the Peace of Harris county for selling spirituous liquors without having obtained license therefor ; fined fifty dollars and adjudged to be committed to the jail of said county until the fine was paid. Writ issued to the Sheriff of Harris county by the Justice of the Peace in accordance with his judgment.
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Tried before the Supreme Court sitting at Galveston. On the 5th day of March, 1862, John Velasquez, the applicant, was tried before a Justice of the Peace of Harris county for selling spirituous liquors without having obtained license therefor ; fined fifty dollars and adjudged to be committed to the jail of said county until the fine was paid. Writ issued to the Sheriff of Harris county by the Justice of the Peace in accordance with his judgment. Sheriff took applicant into his custody. To be released from this restraint he applied to the Supreme Court for his writ of habeas corpus, which…
1Opinion of the CourtWheeler, C. J.
The question presented for our decision by *179this application is, whether the Justice had. jurisdiction finally to try the accused and impose the penalty annexed to the offence upon conviction, or jurisdiction only to examine and hold to bail, to answer to an indictment or information to be preferred in the "District Court.
We are of opinion that the jurisdiction of the justice was the latter; that is, that of an examining court only, and that he had not the power to try and convict finally of the offence.
The power of final trial was conferred upon justices of the peace by the 5th section of the…
2Cited by8 opinions
- First Nat. Bank of Giddings v. Lee County Cotton Oil Co.Texas Commission of Appeals · 1925
- Ex Parte Coombs, Alias ShirleyCourt of Criminal Appeals of Texas · 1898
- St. Louis & Southwestern Railway Co. v. J. A. Kay & Co.Texas Supreme Court · 1893
- State v. Texas & New Orleans RailroadCourt of Appeals of Texas · 1910
- Iola State Bank v. MosleyCourt of Appeals of Texas · 1924
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