Ex parte Trader

Citations

• 24 Tex. Ct. App. 393
• 6 S.W. 533
• 1887 Tex. Crim. App. LEXIS 215

Syllabus

<p>1. Habeas Corpus—Jurisdiction op the Court op Appeals.—All district judges of this State are authorized by the Constitution to grant the writ of habeas corpus in felony cases, and it is a statutory principle that “every provision relating to the writ of habeas corpus shall be most favorably construed in order to give effect to the remedy and protect the rights of the person seeking relief under it.” Another well settled rule is that “ a party’s right to the writ does not depend upon the legality or illegality of his original caption, but upon the legality or illegality of his present detention.” Under these rules the judge below had the power to grant and hear the writ of habeas corpus in this ease, and this court acquired jurisdiction by appeal; wherefore the State’s motion to dismiss the appeal is overruled.</p> <p>2. Same—Case Stated.—The relator was indicted for murder in K county. He secured a change of venue to D county, where he was admitted to bail. Upon his release he went to B county where, under statutory proceedings had in the county court, he was legally declared to be a lunatic, and was ordered to be confined in the State Lunatic Asylum, but subsequently, under the provisions of Article 118 of the Revised Statutes, he was placed in the custody of relatives and friends who entered into bond to care for and restrain him. Subsequently the case against him for murder was called in the district court of D county, and upon his default his bail bond was forfeited, and alias capias for his arrest was awarded, which was afterwards executed by the sheriff of B county. Thereupon his custodians, who held him as a lunatic under the authority of the county court of B county, applied to the judge of the district court of B county for the writ of habeas corpus. The writ was granted, but upon the hearing of the same, the said district judge remanded the relator to the custody of the sheriff. U pon this state of case, the custodians of the relator insist, on this app