Ex Parte McKay
Court of Criminal Appeals of Texas
Prom Travis County. Original habeas corpus' proceeding asking relief from arrest under an indictment found when the court was not in legal session.
1Opinion of the Court
MORROW, Judge.
Belator, in an original application for writ of habeas corpus, seeks his discharge from the custody of the sheriff of Travis County, who holds him under process purporting to issue from the Criminal District Court under an indictment for a felony.
Belator insists that the indictment is void and his restraint, therefore, illegal. The charged invalidity of the indictment is based in part upon the assertion that it was not found during or returned in a court in session. The indictment purports to have been returned into the Criminal District Court of Travis County. This court was…
2Cases cited40 opinions
- Crawford v. McDonaldTexas Supreme Court · 1895
- Ex Parte ReedSupreme Court of the United States · 1879
- Murchison v. White, 54 Tex. 78 (Tex. 1880)Texas Supreme Court · 1880
- Hardy v. BeatyTexas Supreme Court · 1892
- Fowler v. SimpsonTexas Supreme Court · 1891
35 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- Ex Parte SadberryCourt of Criminal Appeals of Texas · 1993
- Ex Parte MitchumCourt of Criminal Appeals of Texas · 1922
- Ex Parte AldereteCourt of Criminal Appeals of Texas · 1918
- Ex Parte HeartsillCourt of Criminal Appeals of Texas · 1931
- Ex Parte GarciaCourt of Criminal Appeals of Texas · 1921
49 more not listed; retrieve them via the Exa API.