Legal Opinion

Ex Parte Kearby

Court of Criminal Appeals of Texas

Decided March 28, 1896No. 106PublishedCited by 29 opinions

From the County of Dallas. This was an original application to the Court of Criminal Appeals for habeas corpus in a case of imprisonment for a failure and refusal of relator to purge himself of an alleged contempt of the Criminal District Court of Dallas County. The ease grew out of matters stated in Ex parte Kearby and Hawkins, ante p. 531. The facts in this case will be found fully stated in the opinion.

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From the County of Dallas. This was an original application to the Court of Criminal Appeals for habeas corpus in a case of imprisonment for a failure and refusal of relator to purge himself of an alleged contempt of the Criminal District Court of Dallas County. The ease grew out of matters stated in Ex parte Kearby and Hawkins, ante p. 531. The facts in this case will be found fully stated in the opinion. The Assistant Attorney-General moved the court to dismiss the writ of habeas corpus, and his motion, for that purpose, will be found reported in full in the case of Ex parte Kearby and…

1Opinion of the Court

HENDERSON, Judge.

The relator in this case applied for a writ of habeas corpus to this court, which was granted. Evidence was adduced on the trial of the case, from which it appears, that on the morning of the 29th of February, 1890, (which was Saturday) in the Criminal District Court of Dallas County, J. C. Kearby, the relator, and W. E. Hawkins, were imprisoned in the county jail of said county, on the verbal order of the District Judge. In the afternoon of the same day, the said parties applied to Judge Henderson, of the Court of Criminal Appeals, for a writ of habeas corpus, which was…

2Cases cited3 opinions

  1. King v. Kent's HeirsSupreme Court of Alabama · 1857
  2. Ex parte WrightIndiana Supreme Court · 1879
  3. Ex parte O'BrienSupreme Court of Missouri · 1895

3Cited by29 opinions

  1. Robertson v. StateAlabama Court of Appeals · 1924
  2. Ex parte CreasySupreme Court of Missouri · 1912
  3. Ex Parte DuncanCourt of Criminal Appeals of Texas · 1901
  4. Ex Parte OwensCourt of Criminal Appeals of Oklahoma · 1927
  5. Ex Parte AldereteCourt of Criminal Appeals of Texas · 1918

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