Ex Parte Hickox
Court of Criminal Appeals of Texas
Appeal from the District Court of Tom Green. Tried below before the Honorable C. E. Dubois. Appeal from a judgment denying bail in a capital case. The opinion states the case. Cited Ex Parte Stevenson, 160 S. W. Rep., 77; Ex Parte Young, 222 id., 242, and cases cited in opinion.
1Dissent
MORROW, PRESIDING Judge
(dissenting). — The burden is upon the state to produce “proof evident” of a capital offense. To discharge this bur.den, proof of express malice is required. Firmin v. State, 60 Texas Crim. Rep., 370; Ex parte Townsley, 87 Texas Crim. Rep., 252, 220 S. W. Rep., 1092; Ex parte Young, 87 Texas Crim. Rep., 413.
That appellant shot deceased while he and appellant’s son were fighting does not alone suffice. Account should be taken of the state of appellant’s mind. He may have been wholly unjustifiable and still not guilty of a capital offense. Cordono v. State, 56 Texas Crim.…
2Cases cited7 opinions
- Ex Parte TownsleyCourt of Criminal Appeals of Texas · 1920
- Dougherty v. StateCourt of Criminal Appeals of Texas · 1910
- Potts v. StateCourt of Criminal Appeals of Texas · 1909
- Rice v. StateCourt of Criminal Appeals of Texas · 1907
- Ex Parte FirminCourt of Criminal Appeals of Texas · 1910
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