Gardner v. State

Court of Criminal Appeals of Texas

Gardner v. State

171 Tex. Crim. 521

CourtCourt of Criminal Appeals of Texas

DecidedDecember 13, 1961

DocketNo. 34,133

StatusPublished

This text of 171 Tex. Crim. 521 (Gardner v. State) 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

Gardner v. State, 171 Tex. Crim. 521 (Tex. 1961).

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Opinion

DICE, Judge.

This is an attempted appeal by appellant from an order of the Judge of the District Court of Dallam County, adjudging him in contempt of court.

In this state there is no right to an appeal from an order of contempt. The only remedy to review such 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 vs. State, 72 Tex. Cr. R. 176, 161 S.W. 458 and Long vs. State, 82 Tex. Cr. R. 403, 199 S.W. 619.

[522]*522The appeal is accordingly dismissed.

Opinion approved by the Court.

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DICE, Judge.

This is an attempted appeal by appellant from an order of the Judge of the District Court of Dallam County, adjudging him in contempt of court.

In this state there is no right to an appeal from an order of contempt. The only remedy to review such 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 vs. State, 72 Tex. Cr. R. 176, 161 S.W. 458 and Long vs. State, 82 Tex. Cr. R. 403, 199 S.W. 619.

[522]*522The appeal is accordingly dismissed.

Opinion approved by the Court.

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Bluebook (online)

171 Tex. Crim. 521, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gardner-v-state-texcrimapp-1961.

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