Ex Parte Forney
Court of Criminal Appeals of Texas
This is a habeas corpus appeal from a refusal of bail before indictment found. Pending this appeal relator has been indicted for the same homicide as that for which he was refused bail in this case. The Assistant Attorney-General moved to dismiss the appeal for the reason that indictment had‘been found in the district court pending this appeal. This motion was granted. No further statement is necessary.
1Opinion of the Court
DAVIDSON, Presiding Judge.
This is an appeal from refusal of bail before indictment found. * The trial was had under writ of habeas corpus. Pending the appeal relator has been indicted. The homicide for which he is refused bail and that set up in the indictment is' the same. Motion is made by the Assistant Attorney-General to dismiss this appeal because of the filing of the indictment in the district court. Such motion was held to be well taken in Cannon v. State, 41 Texas Crim. Rep., 76. We have re-examined the question and believe the Cannon case is correct. However, relator’s counsel…
2Cases cited2 opinions
- Ex Parte Dave AugustineCourt of Criminal Appeals of Texas · 1893
- Ex Parte CannonCourt of Criminal Appeals of Texas · 1899
3Cited by2 opinions
- Ex parte JohnstonCourt of Criminal Appeals of Texas · 1976
- Ex parte CrossCourt of Criminal Appeals of Texas · 1934