Ex Parte Jones

• Decision Date: 11 May 1904
• Citation: 80 S.W. 995
• Parties: Ex parte JONES.
• Court: Texas Court of Criminal Appeals

80 S.W. 995

Ex parte JONES.

Court of Criminal Appeals of Texas.

May 11, 1904.

Appeal from Hunt County Court; F. M. Newton, Judge.

Application for habeas corpus on the relation of Sam Jones. From a judgment remanding relator to custody, he appeals. Judgment reversed and relator discharged.

R. P. Brindley, for appellant. Howard Martin, Asst. Atty. Gen., for the State.

DAVIDSON, P. J.

Relator was arrested on March 22, 1904, by an officer named Scott, and placed in the calaboose in the town of Celeste. Scott told relator that he had three cases against him, and, if he would plead guilty in one case, he would dismiss the other two. Relator informed Scott that he had done nothing for which he ought to plead guilty, and asked Scott who made the complaint. Scott refused to inform him. After Scott had repeatedly urged relator to plead guilty, relator asked him, "Suppose you have three cases against me, and I plead guilty in one case, and you dismiss the other two cases; what would the fine and costs amount to?" Scott said he would ascertain, and subsequently came back and informed relator it would be $40.55. It seems that Scott entered a plea of guilty for relator. Relator was never in the justice court, either in person or by attorney, and says he did not know a plea of guilty had been entered for him until on his trial on writ of habeas corpus from which this appeal is prosecuted; that he was kept in the town of Celeste until brought to Greenville and placed in the county jail, where he has since been confined. Before being brought to Greenville, he requested Scott to take him before the justice of the peace, so that he could enter a plea of not guilty and have his trial. Scott refused to do this. Scott testified in behalf of the state that he was constable of precinct No. 2, Hunt county; that he made the affidavit against relator set out in the statement of facts, charging him with carrying a pistol in violation of the statute; that he subsequently arrested relator under a warrant issued in said case by the justice of the peace; that he incarcerated relator in the calaboose in the town of Celeste on the morning of March 22d, and kept him there until 6 o'clock p. m. of the same day, at which time he carried him to Greenville and placed him in the county jail. He further states: That while relator was in the calaboose he (Scott) visited him a number of times, and informed relator that it would be best for him to plead guilty; that there were three cases against him, and, if he would plead guilty in one, the others would be dismissed. Relator asked what would be the amount of the fine and costs if he pleaded guilty in one case, and the other cases were dismissed. He went away, returned, and informed relator it would be $40.55. And that relator then stated he would plead guilty in one case if they would dismiss the other two cases; and then witness told him he would enter a plea of guilty for him. That he (Scott) went before the justice of the peace and stated that relator pleaded guilty. That relator was never at any time before the justice court, and was not represented in said court by counsel. The officer further testified that he was not an attorney at law, and did not take and approve any bond in the case; that relator has never been released since his arrest; and that the placing of him in the county jail was by virtue of a capias pro fine. He further says: "When I told relator we had three cases against him, and would dismiss two if he would plead guilty in one, I meant I knew of two other cases which I agreed I would not prosecute if he would plead guilty...