Ex Parte Smallwood
Court of Criminal Appeals of Texas
From Gregg County. Original" Habeas Corpus proceedings asking release from arrest under a violation of the Tick Eradication Law and attacking its constitutionality. The opinion states the case.
1Opinion of the Court
LATTIMORE, Judge.
Relator presents his original application for a writ of habeas corpus, alleging that he is illegally restrained by the sheriff of Gregg County, by virtue of a capias issued out of the justice's court of Precinct No. 1, of said county, a copy of which capias is attached to and made a part of the application. The ground of said application, as stated therein, is that Senate Bill No. 108, of the Thirty-fifth Legislature, is unconstitutional, void, and inoperative. Under our procedure, applications for writs of habeas corups in misdemeanor cases, should be made to the county…
2Cases cited2 opinions
- Ex Parte LambertCourt of Criminal Appeals of Texas · 1896
- Ex Parte Arthur JapanCourt of Criminal Appeals of Texas · 1896
3Cited by3 opinions
- Ex Parte PhelperCourt of Criminal Appeals of Texas · 1968
- Ex parte ValdezCourt of Criminal Appeals of Texas · 2016
- Childress, JasonCourt of Appeals of Texas · 2015