State v. Bond
| Citation | 271 S.W. 379 |
| Decision Date | 15 April 1925 |
| Docket Number | (No. 4350.) |
| Parties | STATE ex rel. MOREAU v. BOND, District Judge. |
| Court | Supreme Court of Texas |
R. M. Lively, of Canton, for relator.
Jas. M. Shields, Co. Atty., of Canton, and Judge Joel R. Bond, of Terrell, for defendant.
At the September term, 1916, of the district court of Van Zandt county relator R. J. Moreau was charged by indictment with the murder of H. F. Goodnight and of Mrs. H. F. Goodnight. Thereafter, at the April term, 1917, of said district court, he was put on trial and was convicted of the murder of H. F. Goodnight, and punishment at life imprisonment in the state penitentiary was assessed against him. He is now in the state penitentiary. The case against him for the murder of Mrs. H. F. Goodnight has never been tried, and is still on the docket of said district court.
Relator alleges that by both oral and written motions he has requested and moved the judge of said district court, the honorable Joel R. Bond, to set down for trial the case against him for the murder of Mrs. Goodnight, but that said respondent has repeatedly and continuously refused to do so, and now refuses to do so, in violation of his rights as guaranteed under the Bill of Rights (article 1, § 10, of the Constitution of the state). He prays for a writ of mandamus to require said judge to give him "a speedy public trial," as he is entitled to under the Bill of Rights.
In the answer filed for respondent only one reason or defense why said mandamus should not issue is pleaded, to wit, that by reason of the judgment and sentence in the case of the State of Texas v. Moreau for the murder of H. F. Goodnight, relator is now confined in the state penitentiary, and by virtue of said judgment and sentence he "is wholly without and beyond the jurisdiction of the district court of Van Zandt county, Tex., or the judge thereof, to try him for another offense * * *"; that "there is no process known to the laws of the state of Texas to require or compel the prison authorities to release a prisoner in their charge to stand trial in another cause * * *"; and, relator "being incarcerated in the state penitentiary by virtue of a judgment and sentence of a district court, the Legislature has provided no means available to a district court to release him therefrom, except by the most gracious writ of habeas corpus." As stated, this is the only defense offered, and it is wholly without merit.
The district court...
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Ex parte Johnson
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