Fullerton v. Texas, 196 U.S. 192 (1905)

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Fullerton v. Texas

No. 112

Argued December 16, 1904
Decided January 9, 1905
196 U.S. 192

ERROR TO THE COURT OF CRIMINAL

APPEALS OF THE STATE OF TEXAS

Syllabus

It is too late to raise a federal question by petition for rehearing in the supreme court of a state after that court has pronounced its final decision unless it appears that the court entertained the petition and disposed of the question.

The certificate of the presiding judge of the supreme court of the state, made after the decision, to the effect that a federal question was considered and decided adversely to plaintiff in error, cannot in itself confer jurisdiction on this Court, and, on the face of this record and from the opinions, the reasonable inference is that the application for rehearing may have been denied in the mere exercise of discretion, or the alleged constitutional question was not passed on in terms because not suggested until too late.

The facts are stated in the opinion.