Legal Opinion

Ex Parte Mathews

Court of Criminal Appeals of Texas

Decided February 9, 1898No. 1508PublishedCited by 1 opinion

This was an application under a writ of habeas corpus for relief from confinement, under the following state of facts: Kate Matthews, a female under the age of 16 years, was indicted by the grand jury of McLennan County for having murdered one Maggie Williams, June 5, 1897. The indictment was a legal and valid one, was properly presented and returned into open court, the Fifty-fourth Judicial District Court of McLennan County.

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This was an application under a writ of habeas corpus for relief from confinement, under the following state of facts: Kate Matthews, a female under the age of 16 years, was indicted by the grand jury of McLennan County for having murdered one Maggie Williams, June 5, 1897. The indictment was a legal and valid one, was properly presented and returned into open court, the Fifty-fourth Judicial District Court of McLennan County. Upon this indictment, the 1st of December, 1897, she was arraigned for trial in said District Court, and pleaded not guilty; to which plea the jury answered by their…

1Opinion of the Court

DAVIDSON, Judge.

The relator, a girl under 16 years of age, was-convicted of murder in the second degree, in the Fifty-fourth Judicial District, before the Honorable S. R. Scott, presiding judge thereof, and her punishment assessed by the verdict of the jury at imprisonment in the State reformatory. The judgment entered up on said verdict placed her confinement in the penitentiary, and not in the reformatory. For this reason, relator sued out a writ of habeas corpus before Judge Surratt, and upon the trial was remanded, and prosecutes .her appeal to-this court.

The judgment of the court recites…

2Cases cited2 opinions

  1. Clemons v. StateTennessee Supreme Court · 1893
  2. Willard v. CommonwealthCourt of Appeals of Kentucky · 1894

3Cited by1 opinion

  1. Riley v. StateCourt of Criminal Appeals of Texas · 1959

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