Ex parte R. W. Porter

Citations

• 16 Tex. Ct. App. 321
• 1884 Tex. Crim. App. LEXIS 110

Syllabus

<p>1. Habeas Corpus—Case Stated.—The applicant was committed in default of bail by a justice of the peace to await the action of the grand jury on a charge against him of theft of a horse. The grand jury, by mistake, returned an indictment against him for the theft of a saddle, which mistake was not discovered until after the discharge of the grand jury. The district attorney moved the court to hold the applicant over until the next meeting of the grand jury, which motion the court refused. Thereupon a second prosecution for the theft of a horse was instituted before a justice of the peace, who, sitting as an examining court, again committed the applicant, in default of bail, to await the action of the next grand jury. Applicant then applied to the district judge for a writ of habeas corpus, which was awarded, but, upon the hearing, the applicant was remanded to custody in default of bail. No trial upon the merits was had upon the habeas corpus, the applicant admitting the existence of probable cause for believing that he was guilty; but he demanded his discharge upon the ground that the second prosecution before the justice was barred by the previous one, and that the subject matter was res adjudícala as to any examining court, and he could no longer be detained to answer said charge except under an indictment by the grand jury. ■ Held, 1. That, upon the failure of the grand jury to present an indictment against him for horse theft, at the term succeeding his commitment, the applicant was entitled to his discharge, and a dismissal of that prosecution, no good cause to the contrary, supported by affidavit, being shown to the court. 2. The doctrines of res adjudícala and jeopardy do not apply to proceedings before examining courts; and the second prosecution and proceedings in the examining courts were warranted by law.</p> <p>2. Same—Jeopardy.—A person is in legal jeopardy only when he has been placed upon trial before a court of competent jurisdiction, upon indictm