Ex parte Boland

Citations

• 11 Tex. Ct. App. 159

Syllabus

<p>1. Municipal Prosecutions.—Though ah prosecutions for offenses against the laws of the State must be carried on in the name of “ The State of Texas,” yet a city or town incorporated under the general law may ordain that offenders against its penal ordinances shall be prosecuted in the name of the municipality. See the opinion in extenso on this subject, and note the construction placed on the enactments involved in the question.</p> <p>2. Habeas Corpus.—In this State it is well settled that a prisoner held in custody under judicial proceedings which, though voidable, are not void, cannot obtain relief by habeas corpus.</p> <p>3. Same.— The writ of habeas corpus does not operate as awritof error, a certiorari, or an appeal. If, as in the present case, the relator is in custody under a capias pro fine, the judgment imposing the fine can be revised on habeas corpus no further than to determine whether the court a quo had jurisdiction to render it. Mere error in the judgment is not remediable by habeas corpus, even when, as in the present case, no appeal will lie to the judgment. Quaere: what presumptions obtain in this State in favor of proceedings had in courts of justices of the peace, mayors and recorders ?</p> <p>4. Carrying Weapons as a Municipal Offense.—A city ordinance made it penal to carry prohibited weapons within the corporate limits, but omitted to exempt travelers as does the Penal Code of the State. Held, that the ordinance is not therefore void, but should be construed in subordination to the provisions of the Code, which except travelers and certain other classes from the inhibition.</p>