Texas Attorney General Opinion: O-1726 Page: 1 of 2
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OFFICE OF THE ATTORNEY GENERAL OF TEXAS
GaAL Ca MANN
Honorable W. Lee O'Daniel
Governor of Texas
Dear Governor O'Daniel:
Opinion No. 0-1726
Re: May the Governor rat a
second thir day retrieve
in a capi on \
We are pleased to reply to your let of vembe
22, 1939, wherein you present the owing questi :
"I have been informe th ontune 14, 193 ,
one Harry Lacy was give th death ntence for
murder by the District ~ur in nt mery Coun-
ty, Texas, and the date a ut n set for
July lE, 1939. On July 1 1939 I granted the
said Harry Lacy ty (3 d stay of execu-
tion in accords e wi Seoti 1 Article 4,
Constitution T , ereby xte ding the exe-
oution date o ust 7, 939. have also been
informed th t a order as ranted by the United
States Supre C. rt on ut 4, 1939, staying
the execution ry L y nding the action of
that ou upon pe ion or a writ of certiorari
fil by te cond e , and that on October
9 19 , a petiti f the writ of certiorari,
as enied. is derstanding that on Nov-
mb 19, 1 39, Lacy was re-sentenced and given
te ath peolt by the Distriot Court of Wont-
go ry ount , a d the execution date set for
"U er he foregoing information I would like
to know w ether or not I have the authority under
Section 11, Article 4, Constitution of Texas, to
grant Harry Lacy another thirty (30) day stay of
The applicable part of Artiale 4, Section 11, of
the Constitution of Texas (which was adopted at election
November 3, 1936) reads:
NO COMMUNICATION 1s TO E CONSTRUED AS A OEPARTMENTAL OPINION UNLESS APPROVED 9Y THE ATTORNEY GENERAL OR FIRST ASSISTANT
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-1726, text, 1939; (texashistory.unt.edu/ark:/67531/metapth258919/m1/1/: accessed November 20, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.