Ex parte Ainsworth
Texas Supreme Court
On the 17th October, 1804, applicant petitioned the District Court for Trinity County, for the writ of Habeas Corpus, stating that he, being in the military service of the Confederate States, had, on or about the 28th day of June, 1862, offered a substitute fifty-one years old ; that the substitute was received, and himself discharged from said military service ; that notwithstanding said discharge, he is illegally restrained of his liberty by one Col. D. S. Terry.
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On the 17th October, 1804, applicant petitioned the District Court for Trinity County, for the writ of Habeas Corpus, stating that he, being in the military service of the Confederate States, had, on or about the 28th day of June, 1862, offered a substitute fifty-one years old ; that the substitute was received, and himself discharged from said military service ; that notwithstanding said discharge, he is illegally restrained of his liberty by one Col. D. S. Terry. The writ was refused in the Court below, on the ground that the petition did not disclose facts sufficient to entitle the…
1Opinion of the CourtReeves, J.
Jones, 3d Serg’t & Rawls, 167; Arts. 126, 122, 131, Code Criminal Procedure.
Appeal dismissed.
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