Ex Parte Beverly
| Decision Date | 22 June 1895 |
| Parties | Ex parte BEVERLY. |
| Court | Texas Court of Criminal Appeals |
Appeal from district court, Cooke county; D. E. Barrett, Judge.
Application for writ of habeas corpus by C. J. Beverly. Denied.
Mann Trice, Asst. Atty. Gen., for the State. Adams & Cofer, for defendant.
Relator was indicted for swindling on the 29th day of May, 1895. The indictment was quashed, the court entering an order remanding the relator to the custody of the sheriff until the complaint could be filed against him. The complaint was filed within 10 days; namely, on the same day appellant applied by writ of habeas corpus to the district judge to be discharged, contending that the complaint is insufficient. The complaint evidently attempts to charge swindling. Whether the same be sufficient or not cannot be determined by writ of habeas corpus. When this complaint was filed, it was the duty of the officer within a reasonable time to take the relator before a justice of the peace for the purpose of having the cause examined as the law requires. Relator would have a right to demand that this be done, but no right to be discharged by writ of habeas corpus because the complaint is defective, if it be so. Complaint is also made of the warrant. The warrant is fatally defective, but, if relieved from custody because of the defective warrant, relator could be arrested upon the complaint by virtue of a sufficient warrant, and the relief would be in name only. The judgment of the court below is affirmed.
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Ex Parte McKay
...to indictments on numerous instances. Ex parte Webb, 113 S. W. 545; Ex parte Wolf, 55 Tex. Cr. R. 231, 115 S. W. 1192; Ex parte Beverly, 34 Tex. Cr. R. 644, 31 S. W. 645; Ex parte Cox, 53 Tex. Cr. R. 240, 109 S. W. 369; Ex parte Knapp, 57 Tex. Cr. R. 411, 123 S. W. The rule prevailing in th......
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Menefee v. State
...Ex parte Minor, 146 Tex.Cr.R. 159, 172 S.W.2d 347 (1943); Ex parte Meers, 129 Tex.Cr.R. 465, 88 S.W.2d 100 (1935); Ex parte Beverly, 34 Tex.Cr.R. 644, 31 S.W. 645 (1895); Ex parte Williford, 50 Tex.Cr.R. 417, 100 S.W. 919 (1907); Ex parte Webb, 113 S.W. 545 (Tex.Cr.App.1908); Ex parte Wolf,......
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...on application for writ of habeas corpus, but to be considered if raised by motion or plea in the trial court. Ex parte Beverly, 34 Tex. Cr. R. 634, 31 S. W. 645; Ex parte Williford, 50 Tex. Cr. R. 417, 100 S. W. 919; Ex parte Cox, 53 Tex. Cr. R. 240, 109 S. W. 369; Ex parte Webb, 113 S. W.......
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Ex Parte Jarvis
...announcement, but will be found in many of the earlier cases with which this court has been called upon to deal. In Ex parte Beverly, 34 Tex. Cr. R. 644, 31 S. W. 645, and Ex parte Cox, 53 Tex. Cr. R. 240, 109 S. W. 369, will be found a direct announcement that the writ of habeas corpus is ......