Legal Opinion · Concurrence

State Ex Relator McNamara v. Clark

Court of Criminal Appeals of Texas

Decided December 15, 1915No. 3721Published

From McLennan County. Original application praying for a writ of prohibition, etc., to prevent the district judge from enforcing an order for the writ of injunction against, relator, restraining him as county attorney to institute criminal prosecutions, for violations of the pool hall law after the same had been adopted in McLennan County. The opinion states the case.

1Concurrence

When our State was first organized as a State government one appellate court only was created named "The Supreme Court." The people by our then Constitution (1845) expressly gave it appellate jurisdiction of both criminal and civil causes, direct from the trial courts. Like jurisdiction — of both criminal and civil — was then also given to such courts of final appellate jurisdiction of every other State of the United States, and in England and Canada, whatever named — in fact, of every English speaking people on the globe. And with some minor exceptions, our Constitutions of 1861, 1866 and…

2Cases cited28 opinions

  1. Legate v. LegateTexas Supreme Court · 1894
  2. Grigsby v. ReibTexas Supreme Court · 1913
  3. Forsyth v. HammondSupreme Court of the United States · 1897
  4. Terrell v. GreeneTexas Supreme Court · 1895
  5. Hovey v. ShepherdTexas Supreme Court · 1912

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