Sheldon v. Boyce
Texas Supreme Court
Appeal from Harris. Tried below before the Hon. Peter W. Gray. Petition of O. S. Sheldon, for writ of habeas corpus, to R. P. Boyce, Marshall of the city of Houston, by whom petitioner alleged he was illegally confined in the jail of said city. Writ issued, and returned executed by bringing the body of the petitioner before his honor, Judge Gray, June 8th, 1855, together with the writ of commitment, by which he was held. Continued on application of petitioner until June 9th.
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Appeal from Harris. Tried below before the Hon. Peter W. Gray. Petition of O. S. Sheldon, for writ of habeas corpus, to R. P. Boyce, Marshall of the city of Houston, by whom petitioner alleged he was illegally confined in the jail of said city. Writ issued, and returned executed by bringing the body of the petitioner before his honor, Judge Gray, June 8th, 1855, together with the writ of commitment, by which he was held. Continued on application of petitioner until June 9th. June 9th the consideration of the case was resumed, present the petitioner, in person and by attorney, and the…
1Opinion of the CourtWheeler, J.
The questions discussed so much at length at the bar by counsel, are not raised by the record, and consequently are not before the Court for decision. It does not appear by what proceeding, or upon what charge, or upon conviction for what offence, the appellant was in custody. For aught that appears, his confinement was legal; there is nothing to enable this Court to determine that the judgment of the District Court was not legal and proper.
It is scarcely necessary to say, that the agreed statement of the case, by counsel, not approved by the Judge, and made up months after the trial, is not…
2Cited by3 opinions
- Johnson v. BlountTexas Supreme Court · 1877
- Eaton v. KleinCourt of Appeals of Texas · 1915
- Eaton v. KleinCourt of Appeals of Texas · 1915