Ex Parte Schilling
Court of Criminal Appeals of Texas
Appeal from the County Court of Coleman. Tried below before Hon. B. F. Bose, County Judge. Appeal from an order and judgment remanding relator to custody on a habeas corpus proceeding to test the validity of a local option law.
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Appeal from the County Court of Coleman. Tried below before Hon. B. F. Bose, County Judge. Appeal from an order and judgment remanding relator to custody on a habeas corpus proceeding to test the validity of a local option law. Belator offered in evidence the complaint and information charging him with a violation of local option, and the warrant for his arrest; the order of the Commissioners Court creating the justice precinct; the order for the local option election; the order declaring the result, etc. Belator then showed by the clerk of the County Court, the county judge, and the sheriff…
1Opinion of the Court
HENDERSON, Judge.
Appellant sued out a writ of habeas corpus. The case was tried in the court below, and appellant remanded to custody. The questions here presented simply involve the validity of the local option election in Precinct No. 5 of Coleman County.
Appellant claims that the county judge did not issue any writ of election for a local option election in said precinct, and that, consequently, said election was invalid.- We are referred to the general election law as authority for this requirement. Article 1724,- Revised Statutes 1895, applicable to general elections, requires the county…
2Cases cited1 opinion
- Ex Parte WilliamsCourt of Criminal Appeals of Texas · 1895
3Cited by2 opinions
- Cain v. FarrisCourt of Appeals of Texas · 1948
- Ex parte LeachMissouri Court of Appeals · 1910