Legal Opinion

Ex Parte Barnes

Court of Criminal Appeals of Texas

Decided April 22, 1914No. 3118PublishedCited by 7 opinions

From Bexar County. Original habeas corpus proceeding asking release from a commitment for contempt of court, for refusing to testify as a witness before the grand jury. The opinion states the case.

1Opinion of the Court

HARPER, Judge.

Relator having been refused a writ of habeas corpus by the District Courts in Bexar County, applied to this court and was granted a writ, and the hearing set for April 15th. On that day relator’s attorney and the district attorney appeared and argued the case, but relator introduced no evidence in support of the allegations contained in the application. In the absence of any proof supporting the allegations relator should be remanded. The application is merely a pleading, and does not prove itself. Ex parte Welburn, 70 Texas Crim. Rep., 464, 157 S. W. Rep., 154, and cases there…

2Cases cited4 opinions

  1. Ex Parte DavisCourt of Criminal Appeals of Texas · 1913
  2. Ex Parte HigginsCourt of Criminal Appeals of Texas · 1913
  3. Monroe v. StateCourt of Criminal Appeals of Texas · 1913
  4. Ex Parte WelburnCourt of Criminal Appeals of Texas · 1918

3Cited by7 opinions

  1. Ex Parte ShorthouseCourt of Criminal Appeals of Texas · 1982
  2. In Re LemonCalifornia Court of Appeal · 1936
  3. Commonwealth Ex Rel. Chidsey v. MallenSupreme Court of Pennsylvania · 1948
  4. Ex Parte ClarkCourt of Criminal Appeals of Texas · 1917
  5. Ex Parte FooteCourt of Criminal Appeals of Texas · 1927

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