Opinion

Ex Parte Levinson

  • 160 Tex. Crim. 606
  • 274 S.W.2d 76
  • 1955 Tex. Crim. App. LEXIS 1126
Court
Court of Criminal Appeals of Texas
Filed
Jan 5, 1955
Status
Published
Author
Morrison
On the bench
Davidson, Morrison
Cited by
13 cases

“It must be kept in mind, also, that in construing a statute or in seeking to ascertain the legislative intent in enacting a statute, the courts must not enter the field of legislation and write, rewrite, change, or add to a law.”

How later courts described this case

  • “It must be kept in mind, also, that in construing a statute or in seeking to ascertain the legislative intent in enacting a statute, the courts must not enter the field of legislation and write, rewrite, change, or add to a law.”
  • “[I]n construing a statute or in seeking to ascertain legislative intent in enacting a statute, the courts must not enter the field of legislation and write, re-write, change, or add to a law.”
  • court may strike portions of the statute but may not rewrite, change or add to the law

Written by the judges who cited it.

The opinion

MORRISON, Judge Presiding

(Concurring).

That Article 725c, V.A.P.C., was adopted to meet an urgent social and health need cannot be questioned. Courts should not strike down such legislation without pointing to a possible cure for the defect which caused the statute to fall.

Article 137, V.A.C.C.P., provides:

“When a judge or court authorized to grant writs of habeas corpus shall be satisfied, upon investigation, that a person in legal custody is afflicted with a disease which will render a removal necessary for the preservation of life, an order may be made for the removal of the prisoner to some other place where his health will not be likely to suffer; or he may be admitted to bail when it appears that any species of confinement will endanger his life.”

It is apparent from this article, which has not been successfully challenged, that the legislature has already given the trial court certain control over the place in which one convicted may be incarcerated.

In order for the legislature to constitutionally achieve the end desired by the passage of Article 725c, it would appear to *610 the writer that they might do so by deleting Section 4 and giving to the trial judge similar powers heretofore given by Article 187 in fixing the place of imprisonment of one convicted under this act.

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.