
    Ex parte DENA et al.
    (Court of Criminal Appeals of Texas.
    Oct. 18, 1911.)
    Contempt (§ 64) — Power to Punish— Commitment— Order oe.
    Persons cannot be legally imprisoned for contempt by the district court, simply on an oral order to an officer to confine them in jail and without the issuance of a writ of commitment.
    [Ed. Note. — For other cases, see Contempt, Cent. Dig. §§ 202-209; Dec. Dig. § 64.]
    Application by M. G. Dena and another for a writ of habeas corpus, for the purpose of obtaining their discharge from imprisonment for contempt.
    An alternative writ was issued, and upon return relators were discharged.
    W. S. Anderson, for relators. C. E. Dane, Asst. Atty. Gen., for the State.
    
      
      I'or other cases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key No. Series & Rep’r Indexes
    
   HARPER, J.

Relators were adjudged guilty of contempt in disobeying a writ of injunction issued out of the district court of the Porty-Eifth judicial district, and their punishment assessed at three days’ imprisonment in the county jail and a fine of $100 each.

This is a companion case to that of Ex parte Eugene and Antonio Ogden, 140 S. W. 345, decided at this term of court, and the facts therein recited apply to this case, except that these relators were adjudged guilty of violating the injunction by selling intoxicating liquors, instead of conducting a gambling house.

At the time of their confinement and suing out the writ of habeas corpus, no judgment or order had been entered in the minutes, •and no writ of commitment lias ever issued until this time; but the sheriff is acting upon the verbal order of the judge hearing .the cause. If the judgment had been entered and writ of commitment issued during the ■term of court, á different question might be presented; but as no writ has ever issued, as shown by the testimony, the sheriff would not be authorized to place relators in jail. He .must have a writ authorizing him to do so.

Because of the fact that no judgment entry is shown to have been made at the term ot court, and no writ has ever issued, relators ■are ordered released and discharged.

DAVIDSON, P. J., absent  