Legal Opinion

Ex Parte Furton

Court of Criminal Appeals of Texas

Decided May 14, 1919No. 5337PublishedCited by 15 opinions

From Dallas County. Original habeas corpus proceeding, asking release from arrest under an indictment charging relator with having and keeping intoxicating liquors in a public road, and transporting the same unlawfully in local option territory. The opioion states the case.

1Opinion of the Court

This is an original application for a writ of habeas corpus. The record discloses that at the time of the offense charged, the sale of intoxicating liquors was prohibited throughout Dallas County by the adoption of the local option law. It is charged in separate counts of the indictment that relator "did have and keep" intoxicating liquors in a public road in Dallas County and that in said county he unlawfully transported such liquors for other than sacramental, medicinal, mechanical, or scientific purposes. He demands release on the proposition that "to have or keep" intoxicating liquors in…

2Cases cited25 opinions

  1. Mugler v. KansasSupreme Court of the United States · 1887
  2. Crowley v. ChristensenSupreme Court of the United States · 1890
  3. Beer Co. v. MassachusettsSupreme Court of the United States · 1878
  4. Rast v. Van Deman & Lewis Co.Supreme Court of the United States · 1916
  5. Purity Extract & Tonic Co. v. LynchSupreme Court of the United States · 1912

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3Cited by15 opinions

  1. Jackson v. WalkerTexas Supreme Court · 1932
  2. State Note Board v. State Ex Rel. Attorney GeneralSupreme Court of Arkansas · 1932
  3. Coleman v. StateCourt of Criminal Appeals of Texas · 1920
  4. Harper v. StateCourt of Criminal Appeals of Texas · 1919
  5. Maldonado v. StateCourt of Criminal Appeals of Texas · 1971

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