Ex Parte A. J. Gurley

Court of Criminal Appeals of Texas

Ex Parte A. J. Gurley

286 S.W. 222, 104 Tex. Crim. 578, 1926 Tex. Crim. App. LEXIS 924

CourtCourt of Criminal Appeals of Texas

DecidedJune 23, 1926

DocketNo. 10325.

StatusPublished

This text of 286 S.W. 222 (Ex Parte A. J. Gurley) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ex Parte A. J. Gurley, 286 S.W. 222, 104 Tex. Crim. 578, 1926 Tex. Crim. App. LEXIS 924 (Tex. 1926).

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Opinion

ON MOTION FOR' REHEARING.

LATTIMORE, Judge.

This court handed down its original opinion herein on May 12, 1926, at which time appellant was in the custody of the proper officers of Bowie County, Texas. Within fifteen days after our opinion was handed down the state had duly filed its motion for rehearing herein, as it was authorized by law to do. No mandate of this court had been issued to the court below directing a discharge of the appellant. The case was and is still pending on the dockets of this court. We are informed by proper affidavits by officials of Bowie County that pending the hearing of said motion of the state, and final decision of the questions relative to appellant’s right to be released from custody, he has made his escape from the officers and has not been recaptured but is still at large. The judgment heretofore rendered in this case is withdrawn, and the appeal will now be dismissed.

Dismissed.

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ON MOTION FOR' REHEARING.

LATTIMORE, Judge.

This court handed down its original opinion herein on May 12, 1926, at which time appellant was in the custody of the proper officers of Bowie County, Texas. Within fifteen days after our opinion was handed down the state had duly filed its motion for rehearing herein, as it was authorized by law to do. No mandate of this court had been issued to the court below directing a discharge of the appellant. The case was and is still pending on the dockets of this court. We are informed by proper affidavits by officials of Bowie County that pending the hearing of said motion of the state, and final decision of the questions relative to appellant’s right to be released from custody, he has made his escape from the officers and has not been recaptured but is still at large. The judgment heretofore rendered in this case is withdrawn, and the appeal will now be dismissed.

Dismissed.

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Bluebook (online)

286 S.W. 222, 104 Tex. Crim. 578, 1926 Tex. Crim. App. LEXIS 924, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-a-j-gurley-texcrimapp-1926.