Legal Opinion

Ex Parte West

Court of Criminal Appeals of Texas

Decided June 22, 1910No. 32Published

From Newton County. Original habeas corpus proceeding asking release from a judgment of eontemjit entered against relator for publishing defamatory matter concerning the official conduct of a district judge about a case pending in his court, and inflicting a fine of $100 and three days confinement in the county jail. The opinion states the case.

1Opinion

on rehearing.

December 8, 1910.

COBB, Special Judge.

Counsel vigorously assails the opinion as subversive of the settled law and counter to precedent in that instead of pointing out in the judgment of the trial court the very words held to be contemptuous, the opinion summarized the findings deemed sufficient to justify the judgment. It is adjudged with clearness and in unmistakable terms in Ex parte Cash, 50 Texas Crim. Rep., 623, 99 S. W. Rep., 1118, that though the mere adjudication in the body of the judgment be insufficient, the moving papers indicating the particular matter of contempt may…

2Cases cited5 opinions

  1. Ex Parte Kearby and HawkinsCourt of Criminal Appeals of Texas · 1896
  2. Ex parte RobertsonCourt of Appeals of Texas · 1889
  3. Ex Parte GreenCourt of Criminal Appeals of Texas · 1904
  4. Ex Parte SmithCourt of Criminal Appeals of Texas · 1899
  5. Ex Parte CashCourt of Criminal Appeals of Texas · 1907

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