Legal Opinion

Ex Parte Duncan

Court of Criminal Appeals of Texas

Decided January 12, 1916No. 3899PublishedCited by 29 opinions

From Fayette County. Original babeas corpus proceedings asking release from custody of the sheriff upon judgment in the District Court finding relator guilty of contempt and assessing a penalty of $50 and one day confinement in the county jail. The opinion states the ease. Cited State v. .Shepherd, 76 S. W. Bep., 79; Res-publica v. Passmore, 2 Am. Dee., 388; State y. Morrill, 16 Ark., 384; Commonwealth y. Daniels, 2 Ya. Cases, 402; Conner y. Stapleton, 33 Pac.

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From Fayette County. Original babeas corpus proceedings asking release from custody of the sheriff upon judgment in the District Court finding relator guilty of contempt and assessing a penalty of $50 and one day confinement in the county jail. The opinion states the ease. Cited State v. .Shepherd, 76 S. W. Bep., 79; Res-publica v. Passmore, 2 Am. Dee., 388; State y. Morrill, 16 Ark., 384; Commonwealth y. Daniels, 2 Ya. Cases, 402; Conner y. Stapleton, 33 Pac. Rep., 167; Little Y. State, 90 Ind., 338; Telegrain Newspaper Co. y. Commonwealth, 44 D. R. A., 159; Es parte Ireland, 38 Texas, 344;…

1Opinion of the Court

HARPER, Judge.

Relator was adjudged guilty of contempt of court by Hon. Frank S. Roberts, judge of the District Court of the Twenty-second Judicial District, and his punishment assessed at a fine of $50 and one day imprisonment in the county jail.

Relator made application to this court for a writ of habeas corpus, but inasmuch as the petition showed that the alleged contempt was certain statements contained in a brief in a civil cause on appeal, we first declined to issue the writ until it was presented to our Supreme Court, deeming it probable'that that court had jurisdiction under .article…

2Cases cited14 opinions

  1. Batchelder v. MooreCalifornia Supreme Court · 1871
  2. Whittem v. StateIndiana Supreme Court · 1871
  3. Hurley v. CommonwealthMassachusetts Supreme Judicial Court · 1905
  4. Wyatt v. the PeopleSupreme Court of Colorado · 1892
  5. Crow v. StateTexas Supreme Court · 1859

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

3Cited by29 opinions

  1. In Re ReeceTexas Supreme Court · 2011
  2. Ex Parte Winfield ScottTexas Supreme Court · 1939
  3. Robertson v. StateAlabama Court of Appeals · 1924
  4. Ex Parte RatliffTexas Supreme Court · 1928
  5. Ex parte BiggersSupreme Court of Florida · 1923

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

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