Ex Parte Williams
Court of Criminal Appeals of Texas
Appellant was arrested upon a warrant issued upon a complaint charging him with a violation of the local option law of Fannin county. He applied to the Hon. James Q. Chenoweth, County Judge, for a writ of habeas corpus, that he might be released and discharged from said arrest. The writ was granted, and at the hearing appellant was remanded to custody; and from this order and judgment of the court he prosecutes this appeal.
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Appellant was arrested upon a warrant issued upon a complaint charging him with a violation of the local option law of Fannin county. He applied to the Hon. James Q. Chenoweth, County Judge, for a writ of habeas corpus, that he might be released and discharged from said arrest. The writ was granted, and at the hearing appellant was remanded to custody; and from this order and judgment of the court he prosecutes this appeal. The trial brought in question the validity of the local option law under which appellant was convicted. Most of the facts, shown in the statement of facts, are in the…
1Opinion of the Court
HURT, Presiding Judge.
Relator was arrested for selling whiskey in Fannin County, in violation of the local option law. Applicant applied to the Honorable James Q. Chenoweth, Judge of the County Court of Fannin County, for a writ of habeas corpus, for the purpose of being discharged from arrest, contending that the local option election in Fannin County was void:
1. That the Commissioners’ Court had no right to order the election when it was ordered. This contention is settled against relator, not only by the statute, but by the opinion in Ex Parte Segars, 32 Tex. Crim. Rep., 553.
2. Because…
2Cited by3 opinions
- Clary v. HurstTexas Supreme Court · 1911
- Ex Parte SchillingCourt of Criminal Appeals of Texas · 1897
- Kirkland v. Guinn, County AttorneyCourt of Appeals of Texas · 1901