Ex Parte Coopwood
Texas Supreme Court
Appeal from an order made by the Hon. George H. Noonan, in chambers, at the city of San Antonio. Bethel F. Coopwood applied for a writ of habeas corpus, alleging that he was illegally restrained by one P. Fox, a policeman, “ under the pretense of executing a capias pro fine issued by a person claiming to be city recorder of the city of San Antonio, upon a trial and judgment against applicant for violation of an ordinance of said city in relation to the carrying of arms; that…
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Appeal from an order made by the Hon. George H. Noonan, in chambers, at the city of San Antonio. Bethel F. Coopwood applied for a writ of habeas corpus, alleging that he was illegally restrained by one P. Fox, a policeman, “ under the pretense of executing a capias pro fine issued by a person claiming to be city recorder of the city of San Antonio, upon a trial and judgment against applicant for violation of an ordinance of said city in relation to the carrying of arms; that said pretended trial was not by a lawful jury of twelve men, but was by six men only, who pretended to be a jury; that…
1Opinion of the Court
Gould, Associate Justice.
It has been repeatedly held in this court that no appeal lies from the refusal of a judge or court to grant the writ of habeas corpus. (Ex parte Ainsworth, 27 Tex., 731; Thomas v. The State, 40 Tex., 6.)
In these cases the provisions of the Code of Criminal Procedure regulating appeals in cases of habeas corpus were examined, and the conclusion arrived at that the judgment of this court in such cases disposes of the case, not upon incidental questions, but upon the law and facts, and that the case is not remanded to the judge or court whose decision is appealed from.…
2Cases cited3 opinions
- Ex parte AinsworthTexas Supreme Court · 1865
- Thomas v. StateTexas Supreme Court · 1874
- State v. SparksTexas Supreme Court · 1864
3Cited by5 opinions
- Ex Parte Mary SmithCourt of Criminal Appeals of Texas · 1919
- Ex parte DessúsSupreme Court of Puerto Rico · 1905
- Ex parte MontgomeryCourt of Criminal Appeals of Texas · 1949
- Ex parte DessúsSupreme Court of Puerto Rico · 1905
- Ex parte ScwartzCourt of Appeals of Texas · 1877