Legal Opinion

Ex Parte Mangrum

Court of Criminal Appeals of Texas

Decided April 12, 1978No. 57410PublishedCited by 42 opinions

1Opinion of the Court

OPINION

TOM G. DAVIS, Judge.

Appeal is taken from the trial court’s denial of relief under a pre-conviction writ of habeas corpus in a misdemeanor case. Art. 11.09, V.A.C.C.P. The appellant is charged by information with welfare fraud in violation of Art. 695c, Sec. 34, V.A.C.S.

Appellant contends that the information is void and that the trial court has no jurisdiction because the offense she is charged with no longer exists.

The general rule is that when there is a valid statute or ordinance under which a prosecution may be brought, habeas corpus is not available to test the sufficiency of the…

2Cases cited27 opinions

  1. United States v. TynenSupreme Court of the United States · 1871
  2. United States v. ChambersSupreme Court of the United States · 1934
  3. Gobell v. StateCourt of Criminal Appeals of Texas · 1975
  4. Dockery v. StateCourt of Criminal Appeals of Texas · 1976
  5. Sekt v. Justice's CourtCalifornia Supreme Court · 1945

22 more not listed; retrieve them via the Exa API.

3Cited by42 opinions

  1. Ex Parte WeiseCourt of Criminal Appeals of Texas · 2001
  2. Simmons v. State, Texas Court of Appeals, 12th District (Tyler)1997
  3. Cheney v. StateCourt of Criminal Appeals of Texas · 1988
  4. Ex Parte TamezCourt of Criminal Appeals of Texas · 2001
  5. Ex Parte MatthewsCourt of Criminal Appeals of Texas · 1994

37 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API