Ex parte Hill

Decided July 1, 1875

Texas Supreme Court · decided 1875-07-01

Oil the 12th of April, 1875, A. 0. Hill applied to this court for a writ of habeas corpus, alleging that he was a deputy United States marshal, and that he was unlawfully deprived of his liberty by one Green DeWitt, sheriff of Gonzales county, who acted under authority of a commitment issued by the District Court of that county.

Cited by 1 later decisions — most recently October 1949

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1875-07-01

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Roberts, Chief Justice.

¶1This application states that A. C. Hill is in the custody of the sheriff' of Gonzales county, “under a commitment from the State District Court of said Gonzales county.” It is uncertain in not stating whether the process of commitment was mesne or final. The appli*76cation states that the process “ cannot be obtained without great delay.”

¶2Article 2597 of the Code of Criminal Procedure provides that “when the party is confined or restrained by virtue of any writ, order, or process, or under color of either, a copy shall be annexed to the petition, or it shall be stated that a copy cannot be obtained.”

¶3The application is not sufficient in this case, and is therefore refused by order of the court.

¶4Refused.