PASSWATER, ETC. v. Winn

Dissenting Opinion.

Mote, J.

I wish to record my dissent to the majority opinion and decision in this cause.

The record in this appeal reveals that Appellee was incarcerated in the Hamilton County Jail and filed a verified petition for a writ of habeas corpus. Motion to quash the petition was overruled and after a hearing, Appellee was released. This appeal stems from the order of release by the Judge of the Hamilton Circuit Court.

Prior to the above proceeding, which resulted in Appellee’s release, it appears that Appelle had been convicted of the crime of murder in the State of Texas; that he…