Ex Parte Talbutt
Court of Criminal Appeals of Texas
Appeal from the County Court of Grayson. Tried below before Hon. J. H. Wood, County Judge. On January 29, 1898, complaint and information in regular form were, filed in the County Court of Grayson County, Texas, charging appellant with pursuing the occupation of a canvasser for the sale of lightning rods without paying the tax on said occupation under the provisions of article 112, Penal Code.
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Appeal from the County Court of Grayson. Tried below before Hon. J. H. Wood, County Judge. On January 29, 1898, complaint and information in regular form were, filed in the County Court of Grayson County, Texas, charging appellant with pursuing the occupation of a canvasser for the sale of lightning rods without paying the tax on said occupation under the provisions of article 112, Penal Code. The offense was alleged to have been committed January 27, 1898. A capias was issued and served the same day. Appellant on the same day filed his petition for habeas corpus in the County Court and…
1Opinion of the Court
DAVIDSON, Judge.
Appellant sued out a writ of habeas corpus in the court below, and upon a hearing thereof was remanded to custody, and appeals.
The record fails to show affirmatively that he is in confinement pending said appeal, and it is suggested to this court that he has not been in confinement pending said appeal, but that when the appeal was taken he deposited a sum of money with the clerk in lieu of going to jail. Where a party resorts to the writ of habeas corpus, and is remanded to •custody, upon the hearing he must be placed in confinement in order for the jurisdiction of this court…
2Cited by11 opinions
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- Ex Parte ParvinCourt of Criminal Appeals of Texas · 1911
- Ex Parte RichieCourt of Criminal Appeals of Texas · 1915
- Ex Parte StephensonCourt of Criminal Appeals of Texas · 1911
- Ex Parte TyerCourt of Criminal Appeals of Texas · 1910
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