Ex parte Smith
Court of Appeals of Texas
Appeal from the District Court of Travis. Tried below before the Hon. A. S. Walker. This was the second application for bail made by the applicant, Tom Smith, Jr., who was under indictment for the murder of Israel Clemons on October 29, 1886. The indictment charged murder upon malice aforethought, and perpetrated by shooting the said Clemons with a pistol.
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Appeal from the District Court of Travis. Tried below before the Hon. A. S. Walker. This was the second application for bail made by the applicant, Tom Smith, Jr., who was under indictment for the murder of Israel Clemons on October 29, 1886. The indictment charged murder upon malice aforethought, and perpetrated by shooting the said Clemons with a pistol. Applicant was a young man associated in the management of the Eaymond House, a hotel situated on Congress avenue, in the city of Austin. Clemons, the deceased, drove a one horse spring wagon for hire on the streets. Late in the afternoon of…
1Dissent
Dissenting Opinion of Hurt, J,
Hurt, Judge.
The appellant, the relator below, made application for bail to the district judge of Travis county. The writ of habeas corpus was issued, and was answered by the production of appellant in court, the sheriff answering for cause of detention, that he held him by virtue of a capias issued upon an indictment charging him with the offense of murder in the first degree.
Upon the hearing under the writ, the State introduced the indictment, capias and the sheriff’s return thereon, and there rested its case. Upon this state of case, the appellant asked to be…
2Cases cited3 opinions
- Tollett v. StateTexas Supreme Court · 1875
- Ex parte BryantSupreme Court of Alabama · 1859
- Hight v. United StatesSupreme Court of Iowa · 1845