Ex Parte Yerwood
This text of 81 S.W. 708 (Ex Parte Yerwood) 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.
Opinion
Eelator was indicted for murder. He applied for and was refused bail on habeas corpus. During the same term of thé court he was placed on trial before a jury, which failed to agree. He filed a motion for new trial, after the discharge of the jury, which was entertained by the court, who again refused bail, and this appeal is prosecuted. All these proceedings occurred during the same term of the district court. This was proper. The court had control of its judgments during the term, and any party has a right to appeal in a case where appeal lies at any time during the term, by giving notice of appeal, whether he files a motion for new trial or not. We therefore hold that this appeal is properly in this court. We have examined the facts, and in our opinion relator is entitled to bail, and his bond is fixed at the sum of five thousand dollars; upon the giving of which, in accordance with the terms of the law, the officer having bim in charge will release him from custody.
Bail granted.
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Cite This Page — Counsel Stack
81 S.W. 708, 46 Tex. Crim. 559, 1904 Tex. Crim. App. LEXIS 185, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-yerwood-texcrimapp-1904.