Ex Parte McCallan
Court of Criminal Appeals of Texas
Belator contended that the verdict of the County Court convicting him of a violation of the local option law and assessing his punishment at a fine of $25 and twenty days in jail was contrary to the laws of the State and that the County Court was without jurisdiction.
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Belator contended that the verdict of the County Court convicting him of a violation of the local option law and assessing his punishment at a fine of $25 and twenty days in jail was contrary to the laws of the State and that the County Court was without jurisdiction. He introduced the judgment of the County Court on the habeas corpus proceeding and the capias issued thereon, and also introduced evidence that relator was under sixteen years of age at the time of said trial and conviction. The relator also introduced his plea to the jurisdiction of the County Court on account of non-age, etc.…
1Opinion of the Court
HARPER, Judge.
Relator was convicted of a misdemeanor in the County Court of Gregg County. He appealed the case to'this court and it was affirmed. (McCallan v. State, 76 Texas Crim. Rep., 353, 174 S. W. Rep., 611.) Every question raised on this application for habeas corpus was passed on in the opinion by this court on the former appeal, and we do not deem it necessary to do so again, but merely refer to that opinion. We can not understand why the County Court entertained jurisdiction of the writ when the questions raised, and all the questions raised, were passed on in the former opinion.
The…
2Cases cited1 opinion
- McCallan v. StateCourt of Criminal Appeals of Texas · 1915