Holmes v. State
Texas Supreme Court
Appeal from Fayette. Tried below before the Hon. I. B. McFarland. Holmes was indicted for theft from a house. Failing to appear, his bail bond was forfeited. Scire facias being served on his sureties, they answered that the bail bond had been taken under an examination had before the mayor of the town of La Grange. Judgment final was rendered against Holmes and his sureties, and they appealed.
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Appeal from Fayette. Tried below before the Hon. I. B. McFarland. Holmes was indicted for theft from a house. Failing to appear, his bail bond was forfeited. Scire facias being served on his sureties, they answered that the bail bond had been taken under an examination had before the mayor of the town of La Grange. Judgment final was rendered against Holmes and his sureties, and they appealed. On the trial it appeared that Holmes had been held to bail by the mayor of La Grange, who, by the special act of incorporation of the town, was ex officio justice of the peace.
1Opinion of the Court
Roberts, Chief Justice.
The question in this case is, has the mayor of La Grange the right, under the Constitution and laws of Texas as they now exist, to exercise the powers of a justice of the peace in issuing a warrant of arrest, and binding over a party under a bond for his appearance in the District Court of the county of Fayette, upon a charge of theft from a house?
The act of incorporation passed in 1856 gave to the mayor of La Grange such powers.
The Constitution of 1869 provides for five justices of the peace in each county, to be elected for the five precincts. That excludes the idea…
2Cited by12 opinions
- Koy v. SchneiderTexas Supreme Court · 1920
- United States v. HudsonDistrict Court, W.D. Arkansas · 1894
- Ex Parte Coombs, Alias ShirleyCourt of Criminal Appeals of Texas · 1898
- Gulf, O. & S. F. Ry. Co. v. City of DallasTexas Commission of Appeals · 1929
- Territory of Oklahoma Ex Rel. Thacker v. WoodringSupreme Court of Oklahoma · 1905
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