Legal Opinion · Dissent

Ex Parte Flake

Court of Criminal Appeals of Texas

Decided October 11, 1911No. 1165Published

From Johnson County. Original habeas corpus proceeding asking relief from arrest on an indictment charging the defendant with unlawfully pursuing' the business of keeping, maintaining and operating a cold storage where intoxicating liquors were kept, etc., in local option territory. The opinion states the case.

1DissentDavidson, Presiding Judge

(dissenting).—I did not participate in the original decision of the case. However, upon motion for rehearing I have sought to give the questions involved a proper consideration in view of the fact that the result of that consideration has led me to a difference of opinion with my brethren. I have reached the conclusion, and am fully persuaded, that my brethren were originally in error and have wandered still farther in error in overruling the motion for rehearing.

I have read with a great deal of interest the brief and argument of counsel for relator, Messrs. Odell & Johnson, and S. C.…

2Cases cited20 opinions

  1. Cannon v. HemphillTexas Supreme Court · 1851
  2. Brown v. BuckMichigan Supreme Court · 1889
  3. People v. JoyceIllinois Supreme Court · 1910
  4. Western U. T. Co. v. StateTexas Supreme Court · 1884
  5. Fire Ass'n of Philadelphia v. LoveTexas Supreme Court · 1908

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