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Ex Parte Smith

Court of Criminal Appeals of Texas
Mar 30, 1938
115 S.W.2d 410 (Tex. Crim. App. 1938)

Opinion

No. 19761.

Delivered March 30, 1938.

Habeas Corpus — Evidence — Ordinance.

In habeas corpus proceeding to secure release of relator who had been convicted in corporation court upon complaint charging him with engaging in plumbing without first obtaining a certificate of qualification as required by city ordinance, in absence of the ordinance and the evidence adduced upon the trial, appellate court must presume that the proceedings were regular, and the ordinance, under which relator was tried, valid.

Appeal from County Court of Potter County. Hon. J. N. Riggs, Judge.

Appeal from order refusing to release relator upon application for writ of habeas corpus.

Affirmed.

The opinion states the case.

Grady L. Fox, of Amarillo, for appellant.

Lloyd W. Davidson, State's Attorney, of Austin, for the State.


This is an appeal from an order of the judge of the county court of Potter County refusing to release the relator upon his application for a writ of habeas corpus.

It appears from the record that the relator was convicted in the corporation court of the City of Amarillo, Texas, upon a complaint charging him with engaging in plumbing without first obtaining a certificate of qualification from "The Examining and Supervising Board of Plumbers" of said city.

In the absence of the ordinance mentioned, as well as the evidence adduced upon the trial, this Court has no choice other than to presume that the proceedings were regular and that the ordinance in question was valid.

Perceiving nothing in the record justifying a reversal of the conviction, the judgment of the county court remanding the relator to custody is affirmed.


Summaries of

Ex Parte Smith

Court of Criminal Appeals of Texas
Mar 30, 1938
115 S.W.2d 410 (Tex. Crim. App. 1938)
Case details for

Ex Parte Smith

Case Details

Full title:EX PARTE ELBERT SMITH

Court:Court of Criminal Appeals of Texas

Date published: Mar 30, 1938

Citations

115 S.W.2d 410 (Tex. Crim. App. 1938)
115 S.W.2d 410