# Ex Parte Wolters

> Court of Criminal Appeals of Texas · December 6, 1911 · 64 Tex. Crim. 238

URL: https://www.frixlaw.com/law-library/cases/3911957

## Case

- **Full name:** Ex Parte J.F. Wolters.
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** December 6, 1911
- **Citations:** 64 Tex. Crim. 238; 144 S.W. 531; 1911 Tex. Crim. App. LEXIS 610
- **Precedential status:** Published
- **Opinion:** Addendum
- **Judges:** Davidson, Harper, Prendergast
- **Cited by:** 25 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3911957

## How later opinions describe it (automated extraction)

- 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

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3911957. Public record. Not legal advice.