Ex parte Rosson

Citations

• 24 Tex. Ct. App. 226
• 5 S.W. 666
• 1887 Tex. Crim. App. LEXIS 189

Syllabus

<p>Habeas Corpus—Second Application—Case Stated.—The relator being confined in the penitentiary of this State under seven different convictions for felony, applied to the Governor for pardon, and, on the twenty-fifth day of August, 1886, the Governor issued his charter for pardon to cover each of the seven convictions, which charter of' pardon he delivered to the agent of the relator, who in turn delivered it to the superintendent of the penitentiary, and demanded upon it the release of the relator. The superintendent, acting upon telegraphic orders from the Governor, refused to release the relator, retained the said charter of pardon, and subsequently returned it to the Governor, who indorsed upon it his order of cancelation because it “was issued upon misinformation.” On the thirtieth day of March, 1887, the relator sued out a writ of habeas corpus, and upon the hearing of the same he introduced in evidence the said charter of pardon, indorsed as above stated. He was remanded to custody, and appealed to this court. Upon the hearing of the appeal this court held that a pardon procured by fraud was absolutely void, and that, having relied upon the charter of pardon, indorsed as above, the relator established against himself a prima facie procurement of the pardon by fraud and assumed the burden of proving no fraud, which, failing to do, he was not entitled to release, and the judgment of the lower court was affirmed. On the tenth day of August, 1887, the relator applied for a second writ of habeas corpus, which, being granted and heard, he was again remanded to custody, from which judgment he prosecutes this appeal. The Assistant Attorney General moves to dismiss this appeal because there is a former and unreversed adjudication upon this same state of facts, and because the said former adjudication was pleaded in bar, and no newly discovered evidence is set up as a reason for opening up the former judgment for revision. But held: 1. A second writ of habeas corpus is