The Texas Criminal Reports Author:Texas Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: the mode of obtaining it. Therefore it can easily be obtained where there is no foundation for it in fact or in law. "This would be an abuse of the privilege ... more »which, if frequently resorted to, might make it necessary to impose such limitations and restrictions upon the granting of it as would materially impair its efficacy. It is a privilege too dear to freedom to be endangered by intentional abuse of it by those who are connected with the administration of the laws. So it has been appreciated and acted on in times past, and, it is to be hoped, will continue to be in future. "These remarks are made to induce caution in the exercise of this high privilege, and a conscientious resort to it only to accomplish its legitimate purposes, rather than to make any reflection upon the proceedings in this case, which have doubtless been instituted under the belief of counsel that it has been done in the assertion and for the procurement of a lawful right." The fact that in the judgment rendered against appellant there was adjudged against him a pecuniary fine and sentence in jail, is not proof that the crime charged against him is not a felony. A felony is an offense which may be punished by imprisonment in the penitentiary, and it is not shown that the punishment under the law of Louisiana for the offense charged against appellant might not have been by imprisonment in the penitentiary. On the whole case, while not free from difficulty, we have concluded that no sufficient reason appears why the judgment of the court below should he reversed. On the contrary, we think the conclusion reached is sound, and that the judgment should be and it is hereby in all things affirmed. Affirmed. McCord, Judge, absent. Tom Rorerts v. The State. No. 540. Decided May 25, 1910. Rehearin...« less