Ex Parte De Loche

• Decision Date: 21 December 1905
• Parties: Ex parte DE LOCHE.
• Court: Texas Court of Criminal Appeals

100 S.W. 923

Ex parte DE LOCHE.

Court of Criminal Appeals of Texas.

December 21, 1905.

Rehearing Denied March 22, 1907.

Habeas corpus on petition of Paul De Loche. Writ denied.

E. P. Miller and W. R. Bishop, for relator. John Mobley, Co. Atty., and Howard Martin, Asst. Atty. Gen., for the State.

BROOKS, J.

Applicant, being restrained of his liberty by the sheriff of Henderson county, sued out the writ of habeas corpus before this court.

The agreed facts show: That on August 16, 1905, applicant pleaded guilty to two cases in the justice court of precinct No. 8 of Henderson county, before W. M. Malloy, justice of the peace of said precinct; one of the cases being for gaming, and the other for vagrancy. The justice entered judgment in both cases, upon the pleas of guilty, fining applicant $10 in each case, and remanding him to custody until the fine and costs should be paid. Thereafter on August 23, 1905, applicant's attorneys presented and left with the justice of the peace appeal bonds in each of said cases. The justice of the peace considered, and informed applicant's counsel, that the parties signing the bonds were responsible, and same were sufficient, as far as sureties were concerned; but he considered applicant could not appeal from a plea of guilty, and for this reason alone the said justice refused to approve the bonds and order applicant released. It is agreed that said bonds are sufficient both as to amount and sureties, and that the bonds are in compliance with the law in other respects. And on August 23d the justice, on motion of the county attorney, entered judgments nunc pro tunc in said two cases, fining him $10 in each case and remanding him to custody, as stated above. Thereafter, on August 26th, applicant caused to be presented to the justice, and left with him, two appeal bonds, of date August 26, 1905, appealing from the judgment of August 23d; and it is agreed that these bonds are sufficient in amount, and the sureties are sufficient, and were so considered by the justice of the peace, and comply with the law in other respects, but the justice refused to approve the bonds, and order applicant discharged, for the reason that he considered no appeal would lie from a plea of guilty in the justice court. So the question presented is whether or not defendant can appeal from a judgment of conviction in the justice court on a plea of guilty?

The Constitution provides: "* * * And appeals to the county courts shall be allowed in all...