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Texas Code of Criminal Procedure

§ 11.48 — WRITTEN ISSUE NOT NECESSARY

CR § 11.48Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 11. HABEAS CORPUS

Statute text

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It shall not be necessary, on the trial of any cause arising under habeas corpus, to make up a written issue, though it may be done by the applicant for the writ. He may except to the sufficiency of, or controvert the return or any part thereof, or allege any new matter in avoidance. If written denial on his part be not made, it shall be considered, for the purpose of investigation, that the statements of said return are contested by a denial of the same; and the proof shall be heard accordingly, both for and against the applicant for relief.

Legislative history

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Source: Texas Code of Criminal Procedure § 11.48 from the Texas Constitution and Statutes (Texas Legislature) (public record). DecisionDepot is for informational use only and is not legal advice — verify against the official source before relying on this text.