Ex Parte Malone
| Decision Date | 26 June 1895 |
| Citation | 31 S.W. 665 |
| Parties | Ex parte MALONE. |
| Court | Texas Court of Criminal Appeals |
Appeal from Collin countycourt, M. G. Abernathy, Judge.
Application of George Malone for habeas corpus.Writ denied, and petitioner appeals.Affirmed.
Smith & Evans, H. M. Garnett, and J. M. Pearson, for appellant.Mann Trice, Asst. Atty. Gen., for the State.
This is a proceeding on habeas corpus.The relator applied to the county judge of Collin county for a writ of habeas corpus, claiming that he was illegally restrained of his liberty by virtue of a charge preferred against him for violation of a local option law in a precinct in Collin county, and that the local option election in said subdivision was not in accordance with the local option law, and so is null and void.We find in the record what purports to be a statement of facts, but same is neither signed by the attorneys as an agreed statement of the facts, nor is there any certificate of approval by the judge, and same cannot be considered.SeeHess v. State, 30 Tex. App. 478, 17 S....
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14 cases
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Ex parte Sims, 55139
...appeal in the absence of a statement of facts, we find an earlier case in which a related defect was held dispositive. In Ex parte Malone, 35 Tex.Cr.R. 297, 31 S.W. 665, 33 S.W. 360, the habeas corpus judgment was affirmed on appeal without consideration of the purported statement of facts ......
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Ex Parte Brown
...of by the clerk, when the hearing is had in vacation. See Ex parte Overstreet, 39 Tex. Cr. R. 468, 46 S. W. 929; Ex parte Malone, 35 Tex. Cr. R. 297, 31 S. W. 665, 33 S. W. 360. The record fails to show relator has been continuously in custody of the sheriff since he was remanded upon the h......
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Ex Parte Turner
...219 S. W. 1102; Ex parte Lozano, 88 Tex. Cr. R. 112, 225 S. W. 59; Ex parte Francis, 91 Tex. Cr. R. 398, 239 S. W. 957; Ex parte Malone, 35 Tex. Cr. R. 297, 31 S. W. 665, 33 S. W. 360; Ex parte Calvin, 40 Tex. Cr. R. 84, 48 S. W. 518; Ex parte Overstreet, 39 Tex. Cr. R. 468, 46 S. W. The st......
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Ex Parte Sharp
...were had in chambers. The transcript of the proceedings is not certified by the judge, as required by statute. See Ex parte Malone, 35 Tex. Cr. R. 297, 31 S. W. 665, 33 S. W. 360, and cases following, collated in Rose's Notes on Tex. Rep. vol. 5, p. 1062; also Vernon's Ann. Code Cr. Proc. 1......
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