Drury v. State
Texas Supreme Court
Appeal from Fort Bend upon a writ of habeas corpus granted and tried before the Hon. George Wi Smith, in vacation. Application for bail after indictment found against the applicant, George D. Drury, for the murder of Ambrose R. Pitts, on the 2d day of January, 1860. Drury and Pitts were in partnership in the blacksmith business, the former living at the house of the deceased.
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Appeal from Fort Bend upon a writ of habeas corpus granted and tried before the Hon. George Wi Smith, in vacation. Application for bail after indictment found against the applicant, George D. Drury, for the murder of Ambrose R. Pitts, on the 2d day of January, 1860. Drury and Pitts were in partnership in the blacksmith business, the former living at the house of the deceased. They commenced making a settlement of their partnership business on the day previous to the killing, apparently with the view of a dissolution of partnership. A few days previously,Drury had expressed his intention to go…
1Opinion of the CourtRoberts, J.
As to the credibility of the witnesses, in case of conflict or apparent contradiction, we think the judge below in far better situation to determine than this court, and therefore, generally, great deference must be paid to the construction placed upon it by him, as discovered in the judgment he has pronounced.
Thus regarding the facts, then, as presented in this case, we are of opinion that they show, with reasonable certainty, that the prisoner has been guilty of murder with express malice, and that therefore we cannot say that the judge erred in refusing bail.
*53The legal principles applicable…
2Cited by7 opinions
- In re ScottNebraska Supreme Court · 1893
- Ex Parte GoodCourt of Criminal Appeals of Texas · 1923
- Ex Parte GoodCourt of Criminal Appeals of Texas · 1923
- Ex Parte RossCourt of Criminal Appeals of Texas · 1923
- Ex parte BeacomCourt of Appeals of Texas · 1882
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