EX PARTE HENSLEY

No. 27980.

285 S.W.2d 720 (1956)

Ex parte Luther L. HENSLEY.

Court of Criminal Appeals of Texas.

January 11, 1956.


Attorney(s) appearing for the Case

John Cutler, Houston, for appellant.

Dan Walton, Dist. Atty., Eugene Brady and Thomas D. White, Asst. Dist. Attys., Houston, John Ben Shepperd, Atty. Gen., Texas, amici curiae.

Leon B. Douglas, State's Atty., Austin, for the State.


WOODLEY, Judge.

Appellant, having been arrested and placed in jail upon a charge of being under the influence of a narcotic drug, sought release by habeas corpus, contending that there was no valid statute under which he could be prosecuted for such conduct and personal condition.

Prior to the hearing on his application, an indictment was returned against appellant charging that on or about October 13, 1955, he was under the influence of a narcotic drug.<...

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