Ex Parte Jackson

• Decision Date: 13 June 1906
• Citation: 95 S.W. 1047
• Parties: Ex parte JACKSON.
• Court: Texas Court of Criminal Appeals

95 S.W. 1047

Ex parte JACKSON.

Court of Criminal Appeals of Texas.

June 13, 1906.

Application by W. M. Jackson for discharge from a commitment for contempt. Applicant ordered discharged.

McLean & Scott and Rogan & Simmons, for applicant. J. E. Yantis, Asst. Atty. Gen., for the State.

DAVIDSON, P. J.

The agreed statement of facts shows that W. M. Jackson was an employé in the saloon of J. A. Bennett, in the city of Ft. Worth; that said saloon is a retail liquor store, and he was employed in said saloon on Sunday, May 20, 1906. He was summoned before the grand jury to testify in regard to violations of the Sunday law committed in said saloon on said date. He was asked the question, "Did you see Emmett Ayers and Press Mitchell on duty in said saloon selling liquor on Sunday, May 20, 1906?" He refused to answer, because the answer would tend to incriminate him, and subject him to a prosecution and conviction for violating the Sunday law. It is agreed, further, that the applicant was present at the time and engaged in assisting in carrying on the business in said saloon on said Sunday and keeping the same open for business for the purpose of traffic, and that Ayres and Mitchell were on duty at said time in said saloon as bartenders, selling liquor, and keeping the saloon open for traffic. He was by said district judge held in contempt. This is a companion case to that of Ex parte Merrell (just decided) 95 S. W. 1047, the matters all growing out of the same transaction, and the facts are the same, except that Merrell was foreman or manager, and applicant was under his employ as a bartender in the saloon.

For the reasons stated in Ex parte Merrell, this applicant is ordered discharged.

BROOKS, J., absent.