Legal Opinion · Dissent

Ex Parte Duncan

Court of Criminal Appeals of Texas

Decided April 24, 1901No. 2139Published

From Smith County. Original application to the Court of Criminal Appeals for habeas corpus, and discharge from custody under a judgment of contémpt. The opinion states the case fully.

1DissentHenderson, Judge

I do not indorse the reasoning of the majority of the court, nor do I agree to the conclusion reached; and inasmuch as the matters involved are of importance, and as the opinion makes a radical departure in our jurisprudence, I deem it proper to express my views on the question involved. The following is a brief statement of the ease. The Honorable J. G. Bus-sell, judge of the District Court of Smith County, during a sesssion of his court, found relator, John M. Duncan, guilty of contempt in the presence of the court, and had entered against him the following judgment: "Ex Parte Hec. E.…

2Cases cited20 opinions

  1. Ex Parte TerrySupreme Court of the United States · 1888
  2. Ex Parte KearneySupreme Court of the United States · 1822
  3. CuddySupreme Court of the United States · 1889
  4. Fitch v. BoyerTexas Supreme Court · 1879
  5. Ex parte Ah MenCalifornia Supreme Court · 1888

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