Legal Opinion

Ex Parte Wolters

Court of Criminal Appeals of Texas

Decided December 6, 1911No. 1439Published

From Travis County. Original habeas corpus asking release from commitment for contempt under a judgment of the House of Representatives, adjudging relator guilty of contempt for refusing to answer questions before a legislative committee during a special session, inflicting a penalty of twenty-four hours confinement in the county jail. The opinion states the case.

1Opinion

On a former day of this term applicant was released from custody for reasons stated in the original opinion. The State has filed a motion for rehearing, alleging various grounds why the original opinion discharging applicant was erroneous. Applicant files a replication or answer thereto and also moves to dismiss the motion for rehearing for want of authority in this court to entertain it, for the following reasons:

1. By all respectable authority, proceedings in habeas corpus to enlarge one unlawfully restrained of his liberty is considered as a criminal proceeding, and the action to be a…

2Cases cited17 opinions

  1. Boyd v. United StatesSupreme Court of the United States · 1886
  2. United States v. CruikshankSupreme Court of the United States · 1876
  3. In Re DebsSupreme Court of the United States · 1895
  4. Bessette v. W. B. Conkey Co.Supreme Court of the United States · 1904
  5. SavinSupreme Court of the United States · 1889

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