Legal Opinion

Ex Parte Davis

Court of Criminal Appeals of Texas

Decided May 14, 1919No. 5354PublishedCited by 8 opinions

From Dallas County. Original habeas corpus proceeding, asking release from arrest upon a complaint in the Justice Court, charging a violation of section 1, chapter 24, Act of Thirty-fifth Legislature, Fourth called session, known as the state-wide prohibition law. The opinion states the case.

1Opinion of the Court

The relator is charged with unlawfully manufacturing intoxicating liquors. He claims that the law denouncing this offense is void. Sec. 1, chap. 24, Acts Thirty-fifth Legislature, Fourth Called Session, is as follows:

"The manufacture of spirituous, vinous, or malt liquors or medicated bitters capable of producing intoxicating — except for medicinal, scientific, mechanical, and sacramental purposes — is hereby prohibited within the State."

The legislative power of the State is by Article 3, Section 1, of the Constitution vested in the Legislature, and except as restricted by other provisions of…

2Cases cited10 opinions

  1. Ex Parte TowlesTexas Supreme Court · 1877
  2. Rippey v. TexasSupreme Court of the United States · 1904
  3. Dupree v. StateTexas Supreme Court · 1909
  4. Lyle v. StateCourt of Criminal Appeals of Texas · 1917
  5. Ex Parte MitchellTexas Supreme Court · 1915

5 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Commonwealth Ex Rel. Schnader v. LiverightSupreme Court of Pennsylvania · 1927
  2. Amaya v. StateCourt of Criminal Appeals of Texas · 1920
  3. Coleman v. StateCourt of Criminal Appeals of Texas · 1920
  4. Cone v. StateCourt of Criminal Appeals of Texas · 1922
  5. Bradford v. StateCourt of Criminal Appeals of Texas · 1919

3 more not listed; retrieve them via the Exa API.

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