Ex Parte Morris

• Court: Texas Supreme Court
• Writing for the Court: Hickman
• Citation: Ex Parte Morris, 215 S.W.2d 598, 147 Tex. 140 (Tex. 1948)
• Decision Date: 20 October 1948
• Docket Number: No. A-1758.,A-1758.
• Parties: Ex parte MORRIS.

215 S.W.2d 598

Ex parte MORRIS.

No. A-1758.

Supreme Court of Texas.

October 20, 1948.

Original habeas corpus proceeding by Pat Morris to secure relator's release from the restraint of an order of the district court of Anderson county adjudging him to be in contempt of court for violating an injunction issued out of that court, by possessing intoxicating liquor for purpose of sale in Anderson county.

Relator ordered discharged.

John B. McNamara, and C. S. Farmer, both of Waco, for petitioner.

John Dowdy, Dist. Atty., of Athens, Price Daniel, Atty. Gen., and Wm. S. Lott and J. A. Amis, Asst. Attys. Gen., for the State.

HICKMAN, Chief Justice.

Relator, Pat Morris, seeks release in this Court from the restraint of an order of the District Court of Anderson County adjudging him to be in contempt of court for violating an injunction issued out of that court, by possessing intoxicating liquor for the purpose of sale in Anderson County, and fixing his punishment at a fine of $100.00 and confinement in the county jail for three days. No questions as to the validity of the injunction or as to the sufficiency of the complaint and notice in the contempt proceedings are involved. The sole question for decision is whether the contempt order is based on any evidence.

The State relies solely upon these facts as evidence of guilt: On May 8, 1948, officers discovered two pints of whisky in an old car near a garage in Anderson County, where relator spent a great deal of time. It was not shown that either the old car or the garage belonged to relator. On two occasions prior to May 8th relator had been observed walking away from this old car, and on one of those occasions, about two weeks prior to May 8th, he was observed looking into the front seat of the car. No proof was made that these two pints of whisky belonged to relator or...