Legal Opinion

Ex Parte Smallwood

Court of Criminal Appeals of Texas

Decided April 28, 1920No. 5813PublishedCited by 3 opinions

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

  1. Ex Parte LambertCourt of Criminal Appeals of Texas · 1896
  2. Ex Parte Arthur JapanCourt of Criminal Appeals of Texas · 1896

3Cited by3 opinions

  1. Ex Parte PhelperCourt of Criminal Appeals of Texas · 1968
  2. Ex parte ValdezCourt of Criminal Appeals of Texas · 2016
  3. Childress, JasonCourt of Appeals of Texas · 2015

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