Case Information
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83, 727 -01
*2 CAUSE NO. 1463290 I
The defendant has been charged with a tellery of the first degree namely Appainatal Robbery-Deadly Weapon.
II On or about March 26, 2015 at around 01:00 ams, the defendant was and has been accused of a crime in which there is no evidence at all to prove such allegations.
III At the time of the alleged incident the defendent Willy E. M. IN, was present at Said residence of 81022 Village of Fendren with wife and could not have been present of such accusations.
IV On or about April 13, 2015, the defendant was then arrested and charged with Appainated Robbery
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- ARGUMENTS AND AUTHORITIES—
- According to IF (POUR SENUS offense) pursuant to Art. 11.44 of the Tex. Code of Crim. Proc. Act in accordance with (VIC. C.A.) Penal Code 829.03
- (A) A person commits an offense if he commits robbery as defined in Section 29.02, and he:
- (1) Causes section badly injury to another:
- (2) uses or exhibits a deadly weapon; or
- (3) causes bodily injury to another person or threatens or places another person in fear of imminent bodily injury or death; if the other person is:
- (4) 65 years of age or older; or
- (6) a disabled person
There is no affirmative link between the abundant and the alleged incident. 2. The state must prove the allegations beyond a reasonable doubt. See Taylor V. State, 637 S6. 2d 929, 930 (Tex. Crim. App.) Panel op. 1932.
*4 Specifically, the deterdest is not identified as person who robs the place. By so way of evidence based on elements of Aggravated Robbery in (V.T.C.A., Penal Code 829.03) 3. More presence of accused at scene of offence will not support conviction under law of parties, but it is circumstance which, combined with other facts, may show that accused was participant. V.T.C.A; Penal Code 887.01(A), 7.02(A)(2), 29.02(A)(2), 29.03(A)(2)
But in this particular case, the deterdest has been falsely accused of all. And was never at scene or proven to have been at scene of offense. 4. The Amend. of the U.S. Const. States" All persons born or naturalized in the United States, and subject to the jurisdiction themt, are citizens of the United States and of the state wherain they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens at the United States; nor shall any state depraive any person of life, liberty, or property without due process of law; nor deny to any person within its fructsation the equal protection of the boun.
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- The Tex. Const. Art. 2 Sec. 3(a) states" Equality under the Law shall not be denied or abridged because of sex, race, color, creed, or national origin. This Amend. is self-aperactive.
Le. The Tex. Const. Art. 2 Sec. 19 states" Depreciation of Life, Liberty, ETC; Due course of Law No citizen of this state shall be depribed of life, liberty, property, privileges or immunities, or in any manner distranchised, except be the due course of the law of the law.
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WHEREFORE, APPIICANT PEAVS THAT THE COURT GRANT Applicant RELIEF FROA A FALSE AccusATION IN WHICA DEPENDANT is BEING HELD, SO THAT DEPENDANT MAY RECLEVE LIEERTY IN WHICH HE IS ENTITLED TO TN THIS PROCEEDING.
Verification
OATH BEFORE A NOTARY PUBLIC
STATE OF TEXAS County OF HARRIS
BILLY EASLIN, DEING DULY SHOEN, UNDER OATA SAYS! I AM THE APPIICANT/Petitioner (CIRCLE ONE) IN THIS ACTION AND KNOW THE CONTENTS OF THE ABNVE APRIGATION FOR A WRIT OF HABEAS COAPLIS AND, ACCORDING TO MY BELIEF, THE FACTS STATED IN THE APPLICATION ARE TAVE
*7 CANSE NO. 1463290 EXPANTE IN THE 180th DISTRICT BILLY EAGLIN'S COURT OF AMDICANT' MARRIS COUNTY,TEXAS DERTIFICATE OF SERVICE The undersigned counsel certifies that I have served a copy of my pre-trial writ of habeas Corpus in cause number 14463290 to the following party below on July 30, 2015 by mall as follows:
180th DISTRICT COURT 18th Floor of MARRIS COUNTY,TEXAS 1201 FRANKLIN HOUSTON, TEXAS 77002. D. 14463290 COURTOF (E.M. APP. BILLYEAGLIN RO. BOX 12308, CODITOL STATION BUSY DEAELIN AUSTIN, T. 18711 1200 GARKER ST. HOUSTON, TEXAS 77002 Prepared by: Applicant: Billy Faglin
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