Opinion
No. 16556.
Delivered March 7, 1934.
Judicial Notice — Municipal Ordinances.
Where appellant was convicted upon charge of violating a city ordinance and attacks said ordinance as being unconstitutional but ordinance was not introduced in evidence, appellate court is unable to pass on question attempted to be raised, as courts do not take judicial notice of the ordinances of municipal corporations.
Appeal from the Criminal District Court No. 2, of Harris County. Tried below before the Hon. Langston G. King, Judge.
Habeas corpus proceeding by Bob Pierce, who was remanded to custody, and he appeals.
Affirmed.
The opinion states the case.
Arthur J. Mandell, of Houston, for appellant.
H. G. Tigner, Asst. Cr. Dist. Atty., of Houston, and Lloyd W. Davidson, State's Attorney, of Austin, for the State.
By way of habeas corpus appellant sought release, and was remanded to custody. Hence this appeal.
Appellant was convicted in the corporation court of the City of Houston upon a charge of violating a city ordinance, and upon appeal to the county court was again convicted and a fine of five dollars assessed against him. The writ of habeas corpus having been awarded by the Honorable Langston G. King, Judge of the Criminal District Court No. 2 of Harris County, a hearing was had and appellant remanded to custody.
It is insisted that the ordinance under which the conviction was obtained is unconstitutional. The ordinance was not introduced in evidence. Courts do not take judicial notice of the ordinances of municipal corporations. Hence we are unable to pass on the question attempted to be raised. Patton v. State, 16 S.W.2d 1072; Parvin v. Byers, 16 S.W.2d 914; Terreto v. State, 86 Tex.Crim. Rep., 215 S.W. 329; White v. State, 82 Tex.Crim. Rep., 198 S.W. 964; Wilson v. State, 16 Texas App., 501; City of Austin v. Walton, 68 Tex. 507, 5 S.W. 70.
The judgment is affirmed.
Affirmed.
The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.