Ex Parte Williford

Decision Date14 November 1906
Citation100 S.W. 919
PartiesEx parte WILLIFORD.
CourtTexas Court of Criminal Appeals

Mounts & Jones, for applicant. E. A. Tharp, Co. Atty., and Howard Martin, Asst. Atty. Gen., for the State.

BROOKS, J.

This is an original application for the writ of habeas corpus. Relator was prosecuted, by complaint filed in the justice court of precinct No. 3 of Wood county, for the offense of swindling, a misdemeanor. The affidavit was made before the justice of the peace of said precinct on April 17, 1905. The complaint was filed in the justice court, and the warrant issued thereon by the justice. Relator was afterwards arrested and lodged in the county jail of Wood county. Soon afterwards he informed the officers he desired to enter a plea of guilty to the charge. Some three or four days elapsed before any action was taken. During this time relator frequently expressed a desire to plead guilty to the charge. On June 20, 1905, the complaint charging swindling was filed in the county court of Wood county, and the case was docketed in said court. An information was immediately filed in said court, based on said complaint, charging the offense of swindling. Relator appeared in open court, and, being fully informed of the nature of the charge against him and the consequences of his pleading guilty, he stated to the court that he desired to plead guilty. Thereupon the information was read, and plea of guilty entered, and a fine of $5 and two days' confinement in the county jail assessed against him. Failing to pay the fine, he was committed to jail. Afterwards, on June 27, 1905, relator applied for the writ of habeas corpus before Hon. J. O. Rouse, county judge, alleging that he was illegally restrained of his liberty by the sheriff. The county judge refused the writ. He made an application for the writ of habeas...

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10 cases
  • State v. Kusel
    • United States
    • Wyoming Supreme Court
    • February 27, 1923
    ... ... by the verdict in that it purports to be based upon a finding ... of felonious entry; ( Wood v. State, (Okla.) 112 P ... 11-23; Ex Parte Booth, 154 P. 933; Ex Parte ... Harris, 128 P. 156; In Re Burns, 113 F. 991; ... State v. Stephanus, 99 P. 438.) the jury made ... special ... Parte Grubbs, 79 Miss. 358; 30 So. 708; McLaughlin v ... Etchison, 127 Ind. 474, 27 N.E. 152; 22 A. S. R. 658.) ... (See Ex Parte Williford, 50 Tex. Crim. 417, 100 S.W ... 919.) The reasons given are that the court before which the ... cause is pending had authority to determine as to ... ...
  • State v. Dingman
    • United States
    • Idaho Supreme Court
    • May 30, 1923
    ... ... Reese, 92 U.S. 214, 23 ... L.Ed. 563; State v. Mann, 2 Ore. 239; Cook v ... State, 26 Ind.App. 278, 59 N.E. 489; Ex parte Jackson, ... 45 Ark. 158; State v. Gaster, 45 La. Ann. 646, 12 ... So. 739; Louisville & N. R. Co. v. Commonwealth, 99 ... Ky. 132, 59 Am. St ... ...
  • Menefee v. State
    • United States
    • Texas Court of Criminal Appeals
    • October 5, 1977
    ...Ex parte Meers, 129 Tex.Cr.R. 465, 88 S.W.2d 100 (1935); Ex parte Beverly, 34 Tex.Cr.R. 644, 31 S.W. 645 (1895); Ex parte Williford, 50 Tex.Cr.R. 417, 100 S.W. 919 (1907); Ex parte Webb, 113 S.W. 545 (Tex.Cr.App.1908); Ex parte Wolf, 55 Tex.Cr.R. 231, 115 S.W. 1192 (1909). However, if the p......
  • Ex Parte Drane
    • United States
    • Texas Court of Criminal Appeals
    • February 7, 1917
    ...to be considered if raised by motion or plea in the trial court. Ex parte Beverly, 34 Tex. Cr. R. 634, 31 S. W. 645; Ex parte Williford, 50 Tex. Cr. R. 417, 100 S. W. 919; Ex parte Cox, 53 Tex. Cr. R. 240, 109 S. W. 369; Ex parte Webb, 113 S. W. 545; Ex parte Wolf, 55 Tex. Cr. R. 231, 115 S......
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