Bean v. Mathieu
Texas Supreme Court
Appeal from Gonzales. Heard below by the Hon. Henry Maney. The appellant was indicted at the October term, 1870, of the Gonzales District Court, for the murder of Solomon Deutscb, on or about the third of December, 1867: Being in custody of the appellee, who was sheriff of the county, be sued out a writ of habeas corpus returnable to the court then in session.
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Appeal from Gonzales. Heard below by the Hon. Henry Maney. The appellant was indicted at the October term, 1870, of the Gonzales District Court, for the murder of Solomon Deutscb, on or about the third of December, 1867: Being in custody of the appellee, who was sheriff of the county, be sued out a writ of habeas corpus returnable to the court then in session. After a bearing of the ease under the writ, the. court below remanded the appellant to the custody of the sheriff, without bail; and this appeal ensued. The killing occurred in the village of Rancho, in Gonzales county, where the-…
1Opinion of the CourtWalker, J.
The questions' raised by the Attorney General in this case are such as- might have been urged in the district courtr and would there have been fatal to the proceeding, unless the court had seen proper to- derive the authority for entertaining the petition from Article 259-9 Gode of Criminal Procedure (Paschal’s Digest), which reads thus-: WA -judge of the district court who has knowledge that any person is illegally confined or restrained in his liberty within his district may issue the- writ of habeas corpus without any application being made fo-r the same-.-”
The verification to the petition…
2Cited by1 opinion
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