Ex Parte Craig, 23232.
Citation | 193 S.W.2d 178 |
Decision Date | 13 February 1946 |
Docket Number | No. 23232.,No. 23233.,No. 23234.,23232.,23233.,23234. |
Parties | Ex parte CRAIG. Ex parte McCRACKEN. Ex parte MULVANEY. |
Court | Court of Appeals of Texas. Court of Criminal Appeals of Texas |
Grover Sellers, Atty. Gen., of Texas, Jerry D'Unger, of Corpus Christi, and Ernest S. Goens, State's Atty., of Austin, for the State.
This is an original application to this Court for the writ of habeas corpus, by which relators seek to be discharged from custody and imprisonment under a contempt judgment.
At all times hereinafter mentioned, "The Corpus Christi Caller" and "The Corpus Christi Times" were newspapers published respectively the morning and afternoon of each day except Sunday in the City of Corpus Christi, Nueces County, Texas. The two papers published each Sunday a combined edition known as "The Corpus Christi Caller-Times". Said newspapers were under the same ownership and management. Relator Conway C. Craig is the publisher and directing head thereof. Relator Bob McCracken is the managing editor and the writer of a column therein known as "The Crow's Nest". Relator Tom Mulvaney is a news writer and reporter therefor.
On August 9, 1945, after notice and hearing, the relators were each adjudged to be guilty of constructive contempt by the County Court of Nueces County, by reason of publications appearing in the above-named newspapers relative to a suit pending in said court and were condemned to confinement in jail for three days. Said judgments of contempt become final, from which no appeal is authorized.
Relators each applied to this Court for the writ of habeas corpus alleging in the main that the judgment was void and unenforcible because it was in contravention of the due process and freedom of the press provisions of our State and Federal Constitutions. It was by reason of the particular conditions thus existing that we granted the writs.
It is made to affirmatively appear that if the contempt judgment is valid as to any one of the relators, it is valid as to all; and if invalid as to either, it is such as to all. For this reason the three cases have been here consolidated, and are disposed of together.
On May 25, 1945, the case of Jackson v. Mayes proceeded to trial in the County Court of Nueces County before a jury, with the Honorable Joe D. Browning, Judge of said Court, presiding.
The proceeding was one of forcible entry and detainer, whereby Jackson sought to regain possession of a business building in the City of Corpus Christi which, he claimed, Mayes was unlawfully detaining from him.
The pivotal issue in the case was whether Mayes' lease of the building had expired because of nonpayment of rentals, as contracted. Mayes was a member of the armed forces of this country and his business was handled by Burchard, as agent. At the close of the testimony in the case, each party presented a motion for an instructed verdict. That of the plaintiff was granted, and Judge Browning instructed the jury to return a verdict for Jackson. The jury refused to follow Judge Browning's instruction but, to the contrary, attempted to return into court a verdict for Mayes. Judge Browning refused to accept such verdict and again instructed the jury to return a verdict for Jackson. The matter just referred to occurred Saturday evening, May 26, 1945. It was not until Sunday morning following that the jury, after having been admonished by counsel for Mayes, returned the verdict as instructed, and even then noted on the verdict that they had been coerced into so doing. Judgment was duly entered upon the verdict for Jackson.
On May 29, 1945, Mayes, through his counsel, filed a motion for a new trial, which was, on the 6th day of June, 1945, in all things overruled.
On June 4, 1945, after the rendition of the verdict and while Mayes' motion for new trial was pending, one Newt Wright, who, as an officer of the County Court of Nueces County, filed in said court, addressed to the judge thereof, a complaint in writing by and through which he charged that the relators were guilty of constructive contempt of said court by reason of the publication by them of certain publications in the newspapers heretofore mentioned. The allegations of the complaint and the publications referred to therein are as follows, that: On the 28th day of May, 1945, there was written, published and circulated in the Corpus Christi Caller an article which contained the following language:
"`There is no way of knowing whether justice was done, because the first rule of justice, giving both sides an opportunity to be heard, was repudiated.' "On the same 30th day of May, 1945, in the same issue of the Corpus Christi Caller, there appeared what purported to be a report of action taken by the Sailors and Soldiers...
To continue reading
Request your trial-
Wood v. Georgia
...257 U.S. 312, 325, 42 S.Ct. 124, 127, 66 L.Ed. 254. 12 Compare the findings of the Court of Criminal Appeals of Texas in Ex parte Craig, 150 Tex.Cr. 598, 193 S.W.2d 178, 204 S.W.2d 842. See this Court's discussion of these findings and of the conclusion drawn by the Texas court on the basis......
-
La Grange v. State
...Co. v. Superior Court, 1940, 15 Cal.2d 99, 98 P.2d 1029; Pennekamp v. State, 1945, 156 Fla. 227, 22 So.2d 875; Ex parte Craig, 1946, 150 Tex.Cr.R. 598, 193 S.W.2d 178, 204 S.W.2d 842. Considerations, applicable to publication in a newspaper, would seem to apply with equal force to radio new......
-
Ex parte Ross
...It has been held that 'well informed in the law of the State' does not mean that county judges need be lawyers. Ex parte Craig, 150 Tex.Cr.App. 598, 193 S.W.2d 178 (1946); Little v. State ex rel. Parsell, 75 Tex. 616, 12 S.W. 965 (1890). We note that the other courts have construed constitu......
-
Craig v. Harney
...corpus.1 That court by a divided vote denied the writ and remanded petitioners to the custody of the county sheriff. Ex parte Craig, Tex.Cr.App., 193 S.W.2d 178. The case is here on a petition for a writ of certiorari which we granted because of the importance of the problem and because the......