noting that the Legislature is generally confined to legislative matters and "in no instance" can it act as a judicial branch of government unless such power is expressly conferred upon it by the Constitution
How later courts described this case
- noting that the Legislature is generally confined to legislative matters and "in no instance" can it act as a judicial branch of government unless such power is expressly conferred upon it by the Constitution
- unlike Texas, the English government was never “divided into three separate and distinct departments, with the limitation that no one of the departments should exercise the power attached to the other department”
Written by the judges who cited it.
The opinion
I fully concur in Judge Harper's opinion in the companion case of Ex parte Gray, this day decided on rehearing, to the effect that this habeas corpus proceeding is not a criminal case, and that this court can and should entertain the motion by the State herein for rehearing. The Constitution and statutes prohibiting a new trial to the State in a criminal case, are wholly inapplicable in my opinion.
I have again reviewed this case, and the Gray case, and my dissenting opinion in this, and the opinion of Judges Davidson and Harper on the original hearing, and I am confirmed in my opinion, that a rehearing should be granted and relator remanded to custody.