Legal Opinion

Ex Parte Neal

Court of Criminal Appeals of Texas

Decided December 14, 1904No. 3066PublishedCited by 8 opinions

From Harrison County. Original application for habeas corpus for release from commitment for a violation of the local option law; the relator claiming that by reason of the notice given under the local option law the election was void. The opinion states the case.

1Opinion of the Court

DAYIDSOU, Presiding-Judge.

Applicant seeks his discharge upon the ground that the local option election, for the violation of which he is under arrest, is void, because notices were not given in accordance with the provision of the act of the last Legislature, commonly designated, the “Terrell Election Law.” Under that law notices of special elections are required to be published in a newspaper for twenty days prior to the date of the election, if there be such paper; if not, then by posting for twenty days such notice at each voting place in the territory in which the election is to be held.…

2Cases cited4 opinions

  1. Ellis v. BattsTexas Supreme Court · 1863
  2. Shields v. StateCourt of Criminal Appeals of Texas · 1897
  3. Roper v. ScurlockCourt of Appeals of Texas · 1902
  4. Voss v. TerrellCourt of Appeals of Texas · 1896

3Cited by8 opinions

  1. Williams v. StateCourt of Criminal Appeals of Texas · 1908
  2. City of Piney Point Village v. Harris CountyCourt of Appeals of Texas · 1972
  3. Paul v. StateCourt of Appeals of Texas · 1907
  4. Love v. BuschCourt of Appeals for the Fifth Circuit · 1906
  5. Andrews v. City of BeaumontCourt of Appeals of Texas · 1908

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