From Casetext: Smarter Legal Research

Lawley v. the State

Court of Criminal Appeals of Texas
Mar 18, 1931
36 S.W.2d 1035 (Tex. Crim. App. 1931)

Opinion

No. 13299.

Delivered March 18, 1931.

Appeal — Contempt.

The Court of Criminal Appeals has no appellate jurisdiction in an appeal in contempt proceedings, since from a judgment of contempt, the appellant court can give relief only on writ of habeas corpus when the relator is in custody.

Appeal from the District Court of McLennan County. Tried below before the Hon. Richard I. Munroe, Judge.

Appeal from a conviction for contempt; penalty, a fine of $100.

Dismissed.

The opinion states the case.

Robert Cralle, of Groesbeck, for appellant.

A. A. Dawson, State's Attorney, of Austin, for the State.


Appellant was held in contempt by the judge of the 54th District Court at Waco. From the judgment appellant gave notice of appeal, and entered into recognizance to abide the judgment of this court. On October 15th an opinion was delivered affirming the judgment. No briefs either for the State or appellant were furnished on original submission.

Appellant now presents a motion for rehearing in which is incorporated many things which might be appropriate to submit in a hearing on the merits in the trial court, but which absolutely have no place in a motion for rehearing in the appellate court.

We are concerned with one thing only in the motion and that is the proposition that this court is without jurisdiction of the appeal. No doubt exists as to the correctness of the proposition. An appeal does not lie from a judgment of contempt. Crow v. State, 24 Tex. 12; Exparte Kilgore, 3 Texas App., 249; Carter v. State, 4 Texas App., 165; Borrer v. State (Texas Crim. Rep.), 63 S.W. 630; Borrer v. State (Texas Crim. Rep.), 63 S.W. 1133; Long v. State, 82 Tex.Crim. Rep., 199 S.W. 619, in which the following language is found. "From a judgment of contempt this court can give relief only on writ of habeas corpus when the relator is in custody." Pegram v. State, 72 Tex.Crim. Rep., 161 S.W. 458. Many other cases will be found collated in Texas Jurisprudence, Vol. 9, under Sections 45 and 48.

Our former opinion is withdrawn, and the appeal is dismissed.

Appeal dismissed.


Summaries of

Lawley v. the State

Court of Criminal Appeals of Texas
Mar 18, 1931
36 S.W.2d 1035 (Tex. Crim. App. 1931)
Case details for

Lawley v. the State

Case Details

Full title:IRA LAWLEY v. THE STATE

Court:Court of Criminal Appeals of Texas

Date published: Mar 18, 1931

Citations

36 S.W.2d 1035 (Tex. Crim. App. 1931)
36 S.W.2d 1035

Citing Cases

Starr County v. Laughlin

The only manner in which such a proceeding and judgment theeon, can be reviewed is by means of habeas corpus.…

Musgrove v. State

Appellant was adjudged to be in contempt of court by reason of his violation of an injunction against…