Opinion

Ex Parte Gray

  • 64 Tex. Crim. 311
  • 144 S.W. 531
  • 1911 Tex. Crim. App. LEXIS 561
Court
Court of Criminal Appeals of Texas
Filed
Dec 6, 1911
Status
Published
On the bench
Davidson, Harper, Prendergast
Cited by
2 cases

The opinion

I fully concur in Judge Harper's opinion that this court has the right and power, and that it is its duty, to entertain a motion by the State for rehearing in a habeas corpus proceeding, notwithstanding on the original hearing this court discharged *Page 350

relator. That such a proceeding is not a criminal case under our law, and that the statutes and Constitution prohibiting a new trial in a criminal case have no application, I have no doubt.

However, I believe a rehearing should be granted, the former judgment set aside, and relator remanded to custody in accordance with my opinion in the Wolters case.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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