Opinions of the Supreme Court of Texas from 1840 to 1844 inclusive. Page: 1
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OPINIONS OF THE SUPREME COURT.
JANUARY TERM, 1840.
No. I.
REPUBLIC OF TEXAS )
vs. On Appeal.
I1CCULLocH et al. )
1. SUPRE.ME COURT -jurisdiction.- Unless the prisoner is before the supreme
court to be discharged, committed or bailed, the court cannot take
jurisdiction of the case.
It is the opinion of the court that this case cannot be considered
by the court under the authority of the 43d section of an
act establishing the powers and jurisdiction of the district
court. A judge of that court may reserve any point in criminal
law for the decision of the supreme court; but the supreme
court is by the same section bound to pronounce such a
decree as the district court should have pronounced. Inasmuch
as the prisoners are not before the court to be discharged,
committed or bailed, the court has not jurisdiction and cannot
hear the case in its present form. The points are therefore
dismissed.
[Opinion by Chief Justice Rusk, and concurred in.]
(1)
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Texas. Supreme Court. Opinions of the Supreme Court of Texas from 1840 to 1844 inclusive., book, 1882; St. Louis, Mo.. (https://texashistory.unt.edu/ark:/67531/metapth28573/m1/7/: accessed March 28, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .