Ex Parte Sturrock

• Decision Date: 08 November 1916
• Docket Number: (No. 4257.)
• Parties: Ex parte STURROCK.
• Court: Texas Court of Criminal Appeals

189 S.W. 487

Ex parte STURROCK.

(No. 4257.)

Court of Criminal Appeals of Texas.

November 8, 1916.

Original application by J. W. Sturrock for a writ of habeas corpus. Relator ordered discharged.

J. A. Mooney, of Woodville, for appellant. J. E. Wheat, Co. Atty., of Woodville, and C. C. McDonald, Asst. Atty. Gen., for the State.

HARPER, J.

This is an original application for writ of habeas corpus praying to be discharged from an order of the county court adjudging relator guilty of contempt in failing to pay the amounts to the wife, required by an order of the court to be paid.

The record discloses the information was filed in the county court of Tyler county on January 8, 1916, charging that relator on or about December 15, 1915, unlawfully, willfully, and without justification did desert and refuse to provide for the support of his wife, Mrs. Forest Sturrock. On the same day she filed an application asking that the court enter an order requiring relator to support her during the pendency of the case against him charging him with desertion. The court on January 24, 1916, after a hearing, entered an order requiring relator to pay to his wife the sum of $12.50 per month during the pendency of the case against him. The information was filed and order entered by virtue of the provisions of chapter 9a of Vernon's Ann. Pen. Code 1916, being articles 640a, 640b, 640c, 640d, 640e, and 640f of the Code. The facts show that relator paid the sums ordered to be paid for six months, or to June, 1916, and thereafter had failed to make the payments for the months of June, July and August, amounting to $37.50.

On September 11, 1916, Mrs. Sturrock filed in the county court a petition, in which it is alleged:

"Now comes Mrs. Forest Sturrock, complainant, and represents to the court that said J. W. Sturrock is and has been guilty of contempt in refusing to obey the order of the court, in that he has failed to contribute the sum of $12.50 per month as required by the order of the court, or any part of said sum, since June 12, 1916, and she moves the court to adjudge the said J. W. Sturrock guilty of contempt since June 12, 1916, up to this time."

This motion, application, or petition is not sworn to by Mrs. Sturrock, nor any other person. Relator was cited to appear and show cause why he should not be adjudged guilty of contempt, and he appeared and filed an answer on September 25, 1916, among other things, "specially excepting to the petition or complaint because same...