Pegram v. State
| Decision Date | 03 December 1913 |
| Citation | 161 S.W. 458 |
| Parties | PEGRAM v. STATE. |
| Court | Texas Court of Criminal Appeals |
Appeal from Criminal District Court, Harris County; C. W. Robinson, Judge.
W. P. Pegram was fined for contempt of court, and appeals. Dismissed.
Woods & Harris, of Houston, for appellant. C. E. Lane, Asst. Atty. Gen., for the State.
The appellant was fined by the lower court for contempt of court in refusing to obey a subpœna. The record shows that the proceedings were strictly in accordance with article 528 et seq., C. C. P., and that on the proper final hearing the judgment nisi was made final.
It has been the uniform holding of this court and our Supreme Court, when it had criminal jurisdiction, that appeals did not lie in such proceedings. It is unnecessary to cite all the cases; but see State v. Thurmond, 37 Tex. 341; Carter v. State, 4 Tex. App. 165; Crow v. State, 24 Tex. 12; Borrer v. State, 63 S. W. 1133.
As this court has no jurisdiction of this appeal, the case is ordered dismissed.
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Hudgens v. Yancey
...proceeding and the judgment thereon may be reviewed is by habeas corpus proceedings. State v. Thurmond, 37 Tex. 340; Pegram v. State, 72 Tex. Cr. R. 176, 161 S. W. 458. But this court does have the authority to issue a writ of prohibition, or other restraining order, to protect our jurisdic......
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Lawley v. State, 13299.
..."From a judgment for contempt this court can give relief only on writ of habeas corpus when the relator is in custody." Pegram v. State, 72 Tex. Cr. R. 176, 161 S. W. 458. Many other cases will be found collated in Texas Jurisprudence, vol. 9, under §§ 45 and Our former opinion is withdrawn......
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Long v. State
...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 cour......
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Gardner v. State
...an order is by Writ of Habeas Corpus, when the relator is in custody. 12 Tex.Jur.2nd, sections 57 and 59, pages 535-536. Pegram v. State, 72 Tex.Cr.R. 176, 161 S.W. 458 and Long v. State, 82 Tex.Cr.R. 403, 199 S.W. [171 TEXCRIM 522] The appeal is accordingly dismissed. Opinion approved by t......