Opinion
No. 23223.
Delivered October 17, 1945.
Habeas Corpus — Peace Bond.
Where the evidence disclosed that the need for requiring peace bond no longer existed, habeas corpus petition to be released from jail where petitioner was confined in default of bond was improperly denied.
Appeal from District Court of Tom Green County. Hon. John F. Sutton, Judge.
Proceedings instituted by relator to secure release from jail where he was confined in default of peace bond. From an adverse judgment relator appeals.
Judgment reversed and relator ordered discharged.
The opinion states the case.
W. E. Martin, of Abilene, for appellant.
Ernest S. Goens, State's Attorney, of Austin, for the Stte.
Appellant had been confined in jail in default of giving a peace bond. This proceeding was instituted before the district court for the purpose of securing his release. The judge held against him, hence the appeal.
It appears from the statement of facts in the case, and particularly from the evidence of the complaining party, that there no longer existed any need for imposing this burden on appellant, if in fact any had ever existed. We think the district judge should have granted his application. Ex parte Wilkinson, 278 S.W. 426.
The judgment of the trial court is reversed and relator is ordered discharged.