Ex parte Turman
Texas Supreme Court
Tried before the Supreme Court sitting at Tyler. Applicant petitioned for the writ of Habeas Corpus on the 13th day of May, 1863, alleging that he was illegally restrained of his liberty by S. M. Warner, in Smith county.
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Tried before the Supreme Court sitting at Tyler. Applicant petitioned for the writ of Habeas Corpus on the 13th day of May, 1863, alleging that he was illegally restrained of his liberty by S. M. Warner, in Smith county. Writ issued May 14, 1863. Respondent made his return to the writ on the 15th day of May, 1863, in which return he says that applicant reported to him under orders from Gen. D. B. Martin, general enrolling officer eastern district of Texas, on the 14th day of March, 1863, and that he holds applicant only as a conscript liable to do military duty under the Confederate States…
1Opinion of the CourtBell, J.
Application to be discharged from the restraint in which the applicant alleges that he is held by S. M. Warner.
We have given the case of the applicant all the consideration possible, in view of .the circumstances under which it has been presented to us; and we are of opinion that the applicant ought to be remanded into the official custody of the respondent, S. M. Warner.
The questions involved in the case, are of great magnitude, and they cannot,- by any means, be said to be free from difficulty. Some of the most important rights of the citizen, some of his highest duties to the State, the…
2Cited by15 opinions
- Sterling v. ConstantinSupreme Court of the United States · 1932
- Fariss v. TippsTexas Supreme Court · 1971
- Thomas v. StevensonCourt of Criminal Appeals of Texas · 1978
- Watson v. StateCourt of Criminal Appeals of Texas · 1922
- State Ex Rel. Sims v. CaruthersCourt of Criminal Appeals of Oklahoma · 1908
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