Ex Parte Burford
Court of Criminal Appeals of Texas
From Reeves County. Original application for writ of habeas corpus asking discharge from further prosecution of incest in three different indictments on the ground of former jeopardy because of a trial on another indictment and an acquittal thereon.
1Opinion of the Court
HARPER, Judge.
In this case it appears that relator was indicted by the grand jury of Reeves County, charged with incest with his stepdaughter, Willie Boyd. The grand jury returned four bills of indictment,—the first alleging that an act of intercourse took place on July 1, 1910; the second alleged an act took place on November 1, 1910, while the third and fourth indictments alleged acts on November 10 and November 15.
That each act of intercourse would constitute a 'separate and distinct offense is not contested by relator, but he contends that on the trial for the offense alleged in the…
2Cases cited4 opinions
- Perry v. StateTexas Supreme Court · 1874
- Perry v. StateTexas Supreme Court · 1874
- Hovey v. SheffnerWyoming Supreme Court · 1908
- Ex Parte DavisCourt of Criminal Appeals of Texas · 1905
3Cited by3 opinions
- Ex Parte WellsCourt of Criminal Appeals of Texas · 1929
- Ex parte EppersonCourt of Criminal Appeals of Texas · 1949
- Ex Parte WiggsCourt of Criminal Appeals of Texas · 1931