Legal Opinion

Ex Parte Cross

Court of Criminal Appeals of Texas

Decided December 17, 1902No. 2666PublishedCited by 7 opinions

From Smith County. Original application for habeas corpus for discharge from custody for a violation of a municipal ordinance against obstructing streets. The opinion states the case.

1Opinion of the Court

DAVIDSON", Presiding Judge.

Applicant was arrested for violating a city ordinance of the town of Troupe, in Siúith County. This ordinance, among other things, provides a punishment for the obstruction of its streets, with a penalty annexed not in excess of a fine of $25. Each twenty-four hours while the obstruction remains- is a separate offense. One of the applicant’s contentions is that this ordinance is void, because in conflict with the State law upon the same subject, which provides a penalty of not to exceed $500. Dnder all the authorities in this State this position is well taken.

By the…

2Cases cited5 opinions

  1. Largen v. State, ex rel. AbreyTexas Supreme Court · 1890
  2. State ex rel. Hoya v. DunsonTexas Supreme Court · 1888
  3. Texas & Pacific Railway Co. v. OverallTexas Supreme Court · 1891
  4. Buford v. StateTexas Supreme Court · 1888
  5. Harness v. State of TexasTexas Supreme Court · 1890

3Cited by7 opinions

  1. Ex Parte KeithCourt of Criminal Appeals of Texas · 1904
  2. Mantel v. StateCourt of Criminal Appeals of Texas · 1909
  3. Ex Parte JonischkiesCourt of Criminal Appeals of Texas · 1922
  4. Ringling v. City of HempsteadCourt of Appeals for the Fifth Circuit · 1911
  5. Ex Parte JonesCourt of Criminal Appeals of Texas · 1927

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