Ex Parte Looper
Decision Date | 07 December 1910 |
Parties | Ex parte LOOPER. |
Court | Texas Court of Criminal Appeals |
Odell & Johnson, for appellant. John A. Mobley, Asst. Atty. Gen., for the State.
On September 19, 1910, one of the judges of this court granted a writ of habeas corpus to the relator, M. L. Looper, commanding the sheriff having him in custody to appear before this court on the first Monday in October, and show cause why he detained the said M. L. Looper. The showing on the return is that he holds him by virtue of an order issued by the district judge of Johnson county for contempt for violating an injunction that theretofore issued restraining and enjoining the relator from selling intoxicating liquors in any place in Johnson county, Tex., and from the establishing, maintaining, or conducting any place in said county wherein intoxicating liquors are kept and sold in violation of law. All the questions raised in this case have been decided by this court adversely to relator's contention in the case of Ex parte Roper (this day decided) 134 S. W. 334, and therefore it will be unnecessary to say anything further on the different questions raised.
However, there is one question in this case that is not in the Roper Case that is perhaps necessary to pass upon. It is contended, and the proof shows, that the relator had been tried and convicted in the county court of Johnson county for unlawfully selling whisky in violation of the local option law, and the contention is made here that, by reason of his conviction in the criminal case, he should be discharged, and he pleads that judgment of conviction in bar of the punishment awarded by the court for contempt, and says that he should be released by reason thereof, because he cannot be put in jeopardy twice for the same offense. This contention is not correct, and is not now an open question in this state. Practically the identical point raised here was decided adversely to relator's contention in the case of Ex parte Allison, 99 Tex. 455, 90 S. W. 870, 2 L. R. A. (N. S.) 111, 122 Am. St. Rep. 653. The opinion in that case was rendered by Chief Justice Gaines, and, discussing the proposition that the Legislature has no power to confer upon the courts the authority to enjoin the commission of crime or the establishment or continuance of a public nuisance, Judge Gaines says: * * *'
On the authority of the Supreme Court in that case, we hold that the fact that relator had been convicted for unlawfully selling whisky in violation of the local option law for which he was enjoined from doing cannot, when arraigned before the court for contempt, successfully plead, in bar of the contempt proceedings, the fact that he had been convicted for committing that crime that he was enjoined from doing.
We therefore hold that relator is not entitled to his discharge, and he is therefore remanded to the sheriff of Johnson county.
DAVIDSON, P. J., dissents, and thinks applicant ought to be discharged.
On Motion for Rehearing.
This case is in most respects identical with the case of Ex parte Roper (the motion for...
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Williams v. State
...allegations may be accepted as correct. TEX.R.APP.P. 74(f). The State relies exclusively on the antiquated cases of Ex parte Looper, 61 Tex.Crim. 129, 134 S.W. 345 (1919) and Ex parte Allison, 99 Tex. 455, 90 S.W. 870 (1906). Appellant relies upon Menna v. New York, 423 U.S. 61, 96 S.Ct. 24......
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Ex Parte Bradshaw
...for it is directly contrary on that question to their opinion in Ex parte Roper, 61 Tex. Cr. R. 68, 134 S. W. 334, and Ex parte Looper, 61 Tex. Cr. R. 129, 134 S. W. 345, Ann. Cas. 1913B, 32. The Wade v. Nunnelly decision is in conformity with the writer's dissent in Ex parte Allison, 48 Te......
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Ex parte Williams
...in United States v. Halper, 490 U.S. 435, 109 S.Ct. 1892, 1903, 104 L.Ed.2d 487 (1989), indicates it cannot. 6 In Ex parte Looper, 61 Tex.Crim. 129, 134 S.W. 345 (App.1910), this Court relied on dicta in Ex parte Allison, 99 Tex. 455, 90 S.W. 870 (1906), to hold that conviction for a crimin......
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Ex parte Elmore
...from committing and if that act is a violation of the penal laws he may be punished for both the crime and the contempt. Ex parte Looper, 61 Tex.Cr.R. 129, 134 S.W. 345; Sparks v. State, 42 Tex.Cr.R. 374, 60 S.W. I would remand the relators to the custody of the sheriff. ...