Legal Opinion

Ex Parte Kent

Court of Criminal Appeals of Texas

Decided November 22, 1905PublishedCited by 10 opinions

From Bexar County. Original application for habeas corpus for release from arrest under a capias issued on an indictment charging relator to be a traveling physician without license.

1Opinion of the Court

DAVIDSON, Presiding Judge.

An original application for the writ of habeas corpus was granted by this court. The statement of fact shows that applicant was arrested as a traveling physician practicing his profession in DeWitt "County, without paying the tax required of this class of physicians. The indictment on its face charges an offense. Relator’s contention is that these facts do not show a violation of the law. The writ of habeas corpus can not be used to try a violation of the law as an original proceeding in this court. That is, it can-not be resorted to to ascertain the guilt or…

2Cases cited3 opinions

  1. Dyer v. StateCourt of Criminal Appeals of Texas · 1902
  2. Adams v. StateCourt of Criminal Appeals of Texas · 1904
  3. Hathaway v. StateCourt of Criminal Appeals of Texas · 1896

3Cited by10 opinions

  1. Ex parte LargentCourt of Criminal Appeals of Texas · 1942
  2. Ex Parte JarvisCourt of Criminal Appeals of Texas · 1928
  3. Ex Parte Meers and KingCourt of Criminal Appeals of Texas · 1935
  4. Ex Parte RogersCourt of Criminal Appeals of Texas · 1918
  5. Ex Parte DraneCourt of Criminal Appeals of Texas · 1917

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