Ex Parte Price, 24074.

• Decision Date: 14 April 1948
• Docket Number: No. 24074.,24074.
• Citation: 210 S.W.2d 152
• Parties: Ex parte PRICE.
• Court: Texas Court of Criminal Appeals

210 S.W.2d 152

Ex parte PRICE.

No. 24074.

Court of Criminal Appeals of Texas.

April 14, 1948.

Appeal from District Court, Coleman County; O. L. Parish, Judge.

Habeas corpus proceeding by E. Solomon Price to obtain discharge from custody under an indictment charging a violation of the Blue Sky Law. From an order remanding him to custody of sheriff, relator appeals.

Judgment affirmed.

Scarborough, Yates, Scarborough & Black, of Abilene, for appellant.

Ernest S. Goens, State's Atty., of Austin, for the State.

HAWKINS, Presiding Judge.

Relator was indicted by the grand jury in Runnels County, Texas, charged with violating what is commonly known as the Texas Blue Sky Law, or Securities Law. Vernon's Ann.Civ.St. Art. 600a.

The indictment alleged specifically that relator engaged in the business of a dealer, by offering for sale, and selling a security, to wit, an assignment of oil and gas lease, without having first filed with the Secretary of State of the State of Texas his sworn application for registration as a dealer in such securities. Upon application of relator the venue was changed from Runnels County to Coleman County.

Relator then sought to be discharged under said indictment through habeas corpus proceedings before the District Judge of Coleman County. After a hearing the said judge remanded relator to the custody of the sheriff of said county, and it is from this order that relator appeals.

It has been held by this court either directly or inferentially that the Blue Sky Law, or the Securities Act is constitutional. See Atwood v. State, 135 Tex.Cr.R. 543, 121 S.W.2d 353; Aiken v. State, 137 Tex. Cr.R. 211, 128 S.W.2d 1190; Muse v. State, 137 Tex.Cr.R. 622, 132 S.W.2d 596. The holding of our Supreme Court is to the same effect. Kadane v. Clark, 135 Tex. 496, 143 S.W.2d 197.

As we understand the record it was, and is, relator's contention that the facts do not bring him within the terms of the statute, he contending that he was not a "dealer" in contemplation of the statute in question, but that he was selling his own securities or oil leases, and that such act is not in violation of the statute requiring registration as a "dealer" with the Secretary of State.

There is found in the statement of facts the following agreement between the district attorney and the attorney for relator.

"It is stipulated that for some ten or twelve years E. Solomon Price has been engaged in various phases of the oil business in Runnels County, Texas, consisting of drilling wells in search of oil and in buying and selling oil leases. It is further stipulated that the said E. Solomon Price during said period of time and especially during the year 1947 did not sell or assign any oil and gas leases except those standing in his name; that the said E. Solomon Price during said time did not engage in the business of selling or assigning oil and gas leases for any one else, but that all of said assignments were of oil and gas leases standing in his name at the time of such assignments and owned by him.

"It is further stipulated that the sole business of the said ...