Ex Parte Henry, No. 7422.

CourtSupreme Court of Texas
Writing for the CourtCritz
Citation126 S.W.2d 1
Docket NumberNo. 7422.
Decision Date22 March 1939
PartiesEx parte HENRY.

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126 S.W.2d 1
Ex parte HENRY.
No. 7422.
Supreme Court of Texas.
March 22, 1939.

Habeas corpus proceeding by Preston Henry to secure his release from imprisonment by virtue of a judgment of contempt.

Preston Henry ordered enlarged.

Smith, Goldsmith & Bagby, of Austin, and Taylor & Storey and Hurst, Leak & Burke, all of Longview, for relator.

Oscar B. Jones, Dist. Atty., M. Neal Smith, Asst. Dist. Atty., Wynne & Wynne, Angus Wynne, William A. Wade, and Henry H. Harbour, all of Longview, for the State.

F. B. Davenport, of Dallas, amicus curiæ.

CRITZ, Justice.


This is an original habeas corpus proceeding instituted directly in this Court by Preston Henry to secure his release from imprisonment by virtue of a judgment of contempt entered by the 124th District Court of Gregg County, Texas, and commitment issued by authority thereof.

This judgment of contempt and commitment grew out of the trial in the district court of the quo warranto action disposed of by us in A. J. (Archie) Wood, Plaintiff in Error, v. State of Texas ex rel. Claude A. Lee, Defendants in Error, 126 S.W.2d 4. We refer to that opinion for such statement as this opinion fails to make. We, however, will make a sufficient statement in this opinion to make it complete within itself.

It appears that A. J. Wood and C. A. Lee were rival candidates for the office of Mayor of the City of Gladewater, Gregg County, Texas, at an election held on April 5, 1938. As shown by the returns of such election, as declared by the proper authority,

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Wood received a majority of the votes cast, and was declared elected. Wood was duly installed in office. The State, upon relation of Lee, filed a quo warranto action in the above-mentioned district court to try title to such office, and to remove Wood and install Lee therein. Voting machines were used in conducting such election, for absentee voting as well as for voting on election day. Preston Henry was in all respects a qualified voter in the City of Gladewater. Henry voted absentee by going to the city clerk's office on a proper day before the election and registering his vote on the voting machine provided for that purpose. At the trial of the quo warranto action, Henry was placed on the witness stand and sworn as a witness. He was there asked to divulge whom he voted for for Mayor of Gladewater. He declined to disclose whom he voted for. The court ordered him to do so. Henry again declined, on the ground that under the Constitution he was guaranteed a secret ballot. Henry was not disrespectful to the court in any way, unless it can be said that the mere fact that he refused...

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9 practice notes
  • McRobbie v. Registrars of Voters of Ipswich
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • 31 Marzo 1948
    ...A.L.R. 1213;State ex rel. Heath v. Kraft, 18 Or. 550, 23 P. 663;Horton v. Sullivan, 35 R.I. 242, 86 A. 314; Ex parte Henry, 132 Tex. 575, 126 S.W.2d 1;State v. Hilmantel, 23 Wis. 422. Wigmore, Evidence, 3d Ed.1940, § 2214; 18 Am.Jur., Elections, § 308; 29 C.J.S., Elections, §...
  • Helm v. State Election Bd., No. 53014
    • United States
    • Supreme Court of Oklahoma
    • 3 Enero 1979
    ...of Voters of Ipswich, 322 Mass. 530, 78 N.E.2d 498; Handy v. Holman, Tex.Civ.App., 281 S.W.2d 356; Ex parte Henry, 132 Tex. 575, 126 S.W.2d 1, followed in Ex parte O'Brien, 132 Tex. 579, 126 S.W.2d 3; Ex parte McAfee, 132 Tex. 579, 126 S.W.2d 3, and Ex parte Kincaid, 132 Tex. 580, 126 S.W.2......
  • Green v. Reyes, No. B14-92-00680-CV
    • United States
    • Court of Appeals of Texas
    • 30 Junio 1992
    ...advised the voters that this protection does not extend to voters who have cast illegal votes. See, e.g., Ex Parte Henry, 132 Tex. 575, 126 S.W.2d 1 (1939). See also TEX.ELEC.CODE ANN. § 221.009(a) (Vernon 1986). Nevertheless, the trial court issued admonishments to each witness that althou......
  • Harbison v. McMurray, No. 3843.
    • United States
    • Court of Appeals of Texas
    • 26 Marzo 1942
    ...with an inmate of a certain house which were calculated to convince witness it was a house of prostitution); Ex parte Henry, 132 Tex. 575, 126 S.W.2d 1 (refusal to testify as to how witness voted at a municipal election); 9 Tex.Jur. p. 605, sec. The record fails to show affirmatively any fa......
  • Request a trial to view additional results
9 cases
  • McRobbie v. Registrars of Voters of Ipswich
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • 31 Marzo 1948
    ...A.L.R. 1213;State ex rel. Heath v. Kraft, 18 Or. 550, 23 P. 663;Horton v. Sullivan, 35 R.I. 242, 86 A. 314; Ex parte Henry, 132 Tex. 575, 126 S.W.2d 1;State v. Hilmantel, 23 Wis. 422. Wigmore, Evidence, 3d Ed.1940, § 2214; 18 Am.Jur., Elections, § 308; 29 C.J.S., Elections, §...
  • Helm v. State Election Bd., No. 53014
    • United States
    • Supreme Court of Oklahoma
    • 3 Enero 1979
    ...of Voters of Ipswich, 322 Mass. 530, 78 N.E.2d 498; Handy v. Holman, Tex.Civ.App., 281 S.W.2d 356; Ex parte Henry, 132 Tex. 575, 126 S.W.2d 1, followed in Ex parte O'Brien, 132 Tex. 579, 126 S.W.2d 3; Ex parte McAfee, 132 Tex. 579, 126 S.W.2d 3, and Ex parte Kincaid, 132 Tex. 580, 126 S.W.2......
  • Green v. Reyes, No. B14-92-00680-CV
    • United States
    • Court of Appeals of Texas
    • 30 Junio 1992
    ...advised the voters that this protection does not extend to voters who have cast illegal votes. See, e.g., Ex Parte Henry, 132 Tex. 575, 126 S.W.2d 1 (1939). See also TEX.ELEC.CODE ANN. § 221.009(a) (Vernon 1986). Nevertheless, the trial court issued admonishments to each witness that althou......
  • Harbison v. McMurray, No. 3843.
    • United States
    • Court of Appeals of Texas
    • 26 Marzo 1942
    ...with an inmate of a certain house which were calculated to convince witness it was a house of prostitution); Ex parte Henry, 132 Tex. 575, 126 S.W.2d 1 (refusal to testify as to how witness voted at a municipal election); 9 Tex.Jur. p. 605, sec. The record fails to show affirmatively any fa......
  • Request a trial to view additional results

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