Ex Parte Dumas, 20646.

• Decision Date: 01 November 1939
• Docket Number: No. 20646.,20646.
• Parties: Ex parte DUMAS.
• Court: Texas Court of Criminal Appeals

132 S.W.2d 883

Ex parte DUMAS.

No. 20646.

Court of Criminal Appeals of Texas.

November 1, 1939.

Appeal from District Court, Brazoria County; M. S. Munson, Judge.

Ex parte proceeding by J. H. Dumas for a writ of habeas corpus to review alleged irregularities incident to the trial of J. H. Dumas for a criminal offense. From an order denying relief, J. H. Dumas appeals.

Affirmed.

Robt. M. Lyles and Floyd Enlow, both of Angleton, for appellant.

Lloyd W. Davidson, State's Atty., of Austin, for the State.

HAWKINS, Presiding Judge.

In 1934 appellant was convicted in Lubbock County, Texas, of horse theft and under averments of prior convictions for felonies under Art. 63, P.C., he was adjudged to be an habitual criminal and his punishment was assessed at imprisonment in the penitentiary for life.

On June 21, 1939 there was presented to Hon. M. S. Munson, District Judge of Brazoria County, Texas, an application for the writ of habeas corpus in which appellant was seeking to have reviewed alleged irregularities incident to appellant's trial in 1934. In the application for the writ appellant represented that he was illegally restrained of his liberty by L. R. Johnson in the capacity of agent of the State Board of Pardons and Paroles for the State of Texas. On June 22d Judge Munson granted the prayed for writ, directing Mr. Johnson to appear on June 26th and show cause why he restrained appellant. In obedience to the writ Mr. Johnson appeared and filed the following answer.

"To the Honorable M. S. Munson, Judge of the 23d District Court

"Now comes L. R. Johnson, Sheriff of Brazoria County, Texas and in response to Your Honor's Writ of Habeas Corpus issued in the above entitled and numbered cause on the 22nd day of June, A. D. 1939, I respectfully state to the Court that I do not have in my custody at this time, nor have I had in my custody at any time since the issuance of said writ, the said J. H. Dumas, who alleges in his petition in this cause to be restrained of his liberty by me.

"I would respectfully show the Court that the said J. H. Dumas is at large and subject to no restraint by me in my official capacity pursuant to a proclamation issued by the Governor of the State of Texas on the 6th day of June, A. D., 1939, a copy of which said proclamation, together with a copy of a letter from Claude A. Williams, Assistant Secretary of State, to the Sheriff of Brazoria County, Texas, and a report of the Board of Pardons and Parol, is attached hereto; that the conditions thereof are conditions accepted by the Relator and of which I have no authority except such as may be voluntarily acceded to by Relator.

"Wherefore, I respectfully show the Court that not having assumed custody or jurisdiction over the said J. H. Dumas, I do not illegally restrain him of his liberty.

                            "L. R. Johnson, Sheriff of Brazoria
                                County, Texas
                

"Subscribed and sworn to before me, the undersigned authority, by L. R. Johnson, Sheriff of Brazoria County, Texas, on this the 5 day of July, A. D. 1939.

                (seal)            "Jimmie Patterson
                           "Dist. Clerk within and for Brazoria
                                    County, Texas
                           "By James F. Perry, Deputy."
                

After a hearing on July 5th, Judge Munson entered the following order.

                "No. 4188 In the District Court of Brazoria
                             County, Texas
                "Ex parte J. H. Dumas
                

"On this the 5th day of July, 1939, came on for hearing the application...