Ex parte Sherwood
Court of Appeals of Texas
Habeas Corpus on appeal from the District Court of Wise. Tried below before Hon. J. W. Patterson. The opinion states the nature of the case. The evidence shows that the deceased was one of a posse summoned by .a peace officer to arrest one Bob Campbell, an escaped convict. As a secondary object the said officer had in view the arrest of Campbell and his party, including the relator, for carrying pistols.
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Habeas Corpus on appeal from the District Court of Wise. Tried below before Hon. J. W. Patterson. The opinion states the nature of the case. The evidence shows that the deceased was one of a posse summoned by .a peace officer to arrest one Bob Campbell, an escaped convict. As a secondary object the said officer had in view the arrest of Campbell and his party, including the relator, for carrying pistols. In this respect he was acting upon information received from credible persons, and without a warrant. Neither had he a warrant for the arrest of Bob Campbell as an escaped convict. As the…
1Opinion of the Court
HURT, Judge.
The appellant was indicted on February 11, 1889, by "the grand jury of Wise County for the murder of J. M. Cogían. Subsequently he obtained from the judge of that district a writ of habeas corpus, and upon the hearing of the same he was granted bail in the sum of $5000. From this order or judgment the applicant appeals to this court, contending that the amount of the bail is excessive in view of the facts in ■the case.
Counsel for appellant contend that this homicide was committed in the prevention of an illegal arrest, and hence the crime is not greater than murder of the second…
2Cases cited2 opinions
- Harrison v. StateSupreme Court of Alabama · 1854
- Smith v. StateSupreme Court of Missouri · 1851
3Cited by12 opinions
- Heath v. BoydTexas Supreme Court · 1943
- Duncan v. StateCourt of Criminal Appeals of Oklahoma · 1914
- United States v. KesslerCourt of Appeals for the Third Circuit · 1954
- State v. . FinchSupreme Court of North Carolina · 1919
- Stephens v. StateCourt of Criminal Appeals of Texas · 1944
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