Legal Opinion

Ex parte McCorkle

Court of Appeals of Texas

Decided June 18, 1890No. 7075PublishedCited by 5 opinions

Habeas Corpus on-appeal from the District Court of Hopkins. Tried below before Hon. E. W. Terhune. The opinion sufficiently discloses the case.

1Opinion of the Court

WILLSON, Judge.

Appellants were arrested upon a warrant of arrest issued by a magistrate of Hopkins County, based upon a complaint; charging them with the theft of certain cattle. They applied to the Hon. E. W. Terhune, judge of the Eighth Judicial District, for a writ of habeas corpus, which was granted, and upon a hearing thereof they were-remanded to the custody of the officer who had arrested them.

We are of the opinion that the writ should not have been granted pending the proceeding before the magistrate. The magistrate who issued the warrant of arrest had jurisdiction as an examining…

2Cases cited1 opinion

  1. Robertson v. StateTexas Supreme Court · 1872

3Cited by5 opinions

  1. Ex Parte McBrideCourt of Criminal Appeals of Texas · 1928
  2. Ex Parte JonesCourt of Criminal Appeals of Texas · 1970
  3. Ex Parte GuynnCourt of Criminal Appeals of Texas · 1930
  4. State Ex Rel. La Prade v. GranthamArizona Supreme Court · 1926
  5. Ex parte MapulaCourt of Criminal Appeals of Texas · 1976

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