Ex Parte Nelson
Citation | 209 S.W. 148 |
Decision Date | 12 February 1919 |
Docket Number | (No. 5304.) |
Parties | Ex parte NELSON. |
Court | Court of Appeals of Texas. Court of Criminal Appeals of Texas |
Appeal from District Court, Fayette County; M. C. Jeffrey, Judge.
Application for habeas corpus by Robert Nelson. Application dismissed.
John T. Duncan, of La Grange, for appellant.
C. M. Cureton, Atty. Gen., and E. A. Berry., Asst. Atty. Gen., for the State.
Relator was convicted of murder, and sentenced to confinement in the penitentiary for a period of 25 years. The Governor of the state has issued the following proclamation granting him parole:
He was at the time of his arrest, hereinafter referred to, enjoying the privileges extended to him by the executive in the proclamation mentioned. He is under indictment for murder in another and different case which is pending on the docket of the district court of Fayette county. The clerk of that court issued a warrant for his arrest under that indictment, and he is held in the county jail of Fayette county awaiting the meeting of the district court for trial.
His application for habeas corpus is based upon the proposition that the authority of the district court to cause his detention by reason of the indictment of murder pending would be limited to the power of that court to issue a bench warrant bringing him before the court while in session in order that he might undergo trial.
We find in Vernon's Annotated Code of Criminal Procedure, arts. 1057a and 1057b, the following:
These provisions are also found in Acts 1911, p. 64.
Section 11 of article 4 of the Constitution is as follows:
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Rose v. State
...the constitutional provision with reference to the remission of fines and forfeitures and with reference to treason." Ex parte Nelson, 84 Tex.Cr.R. 570, 209 S.W. 148 (1919) 1 and Ex parte Redwine, 91 Tex.Cr.R. 83, 236 S.W. 96 (1922) (any part of parole law wherein clemency power of the chie......
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Ex Parte Heartsill
...because the proceeding under which he is held was irregular or void. To the same effect is article 158, C. C. P. See Ex parte Nelson, 84 Tex. Cr. R. 570, 209 S. W. 148; Ex parte Garner, 93 Tex. Cr. R. 179, 246 S. W. 371; Ex parte Lowe, 94 Tex. Cr. R. 307, 251 S. W. 506; Ex parte Acker, 85 T......
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Ex Parte Redwine
...he accepted them. Carr v. State, 19 Tex. App. 635, 53 Am. Rep. 395; Ex parte Rice, 72 Tex. Cr. R. 587, 162 S. W. 891; Ex parte Nelson, 84 Tex. Cr. R. 570, 209 S. W. 148; Arthur v. Craig, 48 Iowa, 264, 30 Am. Rep. 395; State ex rel. O'Connor v. Wolfer, 53 Minn. 135, 54 N. W. 1065, 19 L. R. A......
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Ex parte Lefors, 29016
...to a commutation. A parole is classified as a conditional pardon. Ex parte Sparks, 90 Tex.Cr.R. 190, 234 S.W. 393; Ex parte Nelson, 84 Tex.Cr.R. 570, 209 S.W. 148. Yet a parole does not possess the finality attached to a pardon, but is a release from imprisonment on specified conditions to ......