Legal Opinion

Ex Parte Flake

Court of Criminal Appeals of Texas

Decided October 11, 1911No. 1165PublishedCited by 20 opinions

From Johnson County. Original habeas corpus proceeding asking relief from arrest on an indictment charging the defendant with unlawfully pursuing' the business of keeping, maintaining and operating a cold storage where intoxicating liquors were kept, etc., in local option territory. The opinion states the case.

1Opinion of the Court

HARPER, Judge.

—Relator was indicted by the grand jury of Johnson County, charged with the offense of unlawfully pursuing the business of keeping, maintaining and operating what is commonly known as a cold storage, where intoxicating liquors were kept on deposit for others, in a county in which the sale of intoxicating liquors had been prohibited. Upon being arrested, he sued out a writ of habeas corpus, in his application contending that the law under which he was indicted was unconstitutional and ’void on the several grounds alleged in his application, each of which we will discuss hereafter.

2Cases cited36 opinions

  1. Mugler v. KansasSupreme Court of the United States · 1887
  2. State v. GerhardtIndiana Supreme Court · 1896
  3. Barbier v. ConnollySupreme Court of the United States · 1885
  4. Knights Templars' & Masons' Life Indemnity Co. v. JarmanSupreme Court of the United States · 1902
  5. Cain v. StateTexas Supreme Court · 1857

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3Cited by20 opinions

  1. Ashish Patel, Anverali Satani, Nazira Momin, Minaz Chamadia, and Vijay Lakshmi Yogi v. Texas Department of Licensing and RegulationTexas Supreme Court · 2015
  2. Key Western Life Insurance v. State Board of InsuranceTexas Supreme Court · 1961
  3. Jones, Ex Parte Richard DewayneCourt of Criminal Appeals of Texas · 2014
  4. Rucker v. StateCourt of Criminal Appeals of Texas · 1961
  5. Stuard v. ThompsonCourt of Appeals of Texas · 1923

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