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Fullerton v. Texas, 196 U.S. 192 (1905)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
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.
Contents:
Chicago:
U.S. Supreme Court, "Syllabus," Fullerton v. Texas, 196 U.S. 192 (1905) in 196 U.S. 192 Original Sources, accessed July 1, 2025, http://www.originalsources.com/Document.aspx?DocID=CVWLRPXA7VHRT7C.
MLA:
U.S. Supreme Court. "Syllabus." Fullerton v. Texas, 196 U.S. 192 (1905), in 196 U.S. 192, Original Sources. 1 Jul. 2025. http://www.originalsources.com/Document.aspx?DocID=CVWLRPXA7VHRT7C.
Harvard:
U.S. Supreme Court, 'Syllabus' in Fullerton v. Texas, 196 U.S. 192 (1905). cited in 1905, 196 U.S. 192. Original Sources, retrieved 1 July 2025, from http://www.originalsources.com/Document.aspx?DocID=CVWLRPXA7VHRT7C.
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