Long v. State

• Decision Date: 19 December 1917
• Docket Number: (No. 4781.)
• Citation: 199 S.W. 619
• Parties: LONG v. STATE.
• Court: Texas Court of Criminal Appeals

199 S.W. 619

LONG v. STATE.

(No. 4781.)

Court of Criminal Appeals of Texas.

December 19, 1917.

Appeal from District Court, Titus County; J. A. Ward, Judge.

W. J. Long was fined for contempt in failing to obey a subpœna, and he appeals. Appeal dismissed.

T. C. Hutchings, of Mt. Pleasant, for appellant. E. B. Hendricks, Asst. Atty. Gen., for the State.

MORROW, J.

The appellant was subpœnaed as a witness in a criminal case, and fined $50 by the court for failure to obey the subpœna.

There was a hearing, and a motion to set aside the judgment. The state, through the Assistant Attorney General, moves to dismiss the appeal on the ground that the judgment is one from which an appeal does not lie. This proceeding is classed as a contempt proceeding from which there is no provision for appeal. The cases in which this court has jurisdiction are those in which there is a final judgment of conviction (article 894, C. C. P.), and where on habeas corpus the relief sought is denied (article 952, C. C. P.; Ryan v. State, 198 S. W. 582, recently decided by this court). Other cases in point are Pegram v. State, 72 Tex. Cr. R. 176, 161 S. W. 458, and cases there cited, and Ex parte Degener, 30 Tex. Cr. App. 566, 17 S. W. 1111. From a judgment for contempt this court can give relief only on writ of habeas corpus when the relator is in custody.

For the reasons stated, the appeal is dismissed.