# Ex Parte Gray

> Court of Criminal Appeals of Texas · December 6, 1911 · 64 Tex. Crim. 311

URL: https://www.frixlaw.com/law-library/cases/3961149

## Case

- **Full name:** Ex Parte W.H. Gray.
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** December 6, 1911
- **Citations:** 64 Tex. Crim. 311; 144 S.W. 531; 1911 Tex. Crim. App. LEXIS 561
- **Precedential status:** Published
- **Opinion:** Addendum
- **Judges:** Davidson, Harper, Prendergast
- **Cited by:** 2 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/3961149

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3961149. Public record. Not legal advice.