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…
1Opinion of the Court
Willson, Judge.
In Scoggin’s case (6 Texas Ct. App., 546) this court, in discussing and determining the question as to the burden of proof upon the hearing of the writ of habeas corpus in a capital case, said: “The indictment against him being for a non-bailable offense, prima facie, justified his detention in prison. He undertook to show that he had a constitutional right to be admitted to bail; i. e., that the proof of his guilt was not evident. This could only be shown by exhibiting the proof. * * * * We believe that when a person is brought before a court of competent jurisdiction on a…
2Cases cited11 opinions
- People v. Tinder & SmithCalifornia Supreme Court · 1862
- Street v. StateMississippi Supreme Court · 1870
- Ex parte HeffrenIndiana Supreme Court · 1866
- Ex parte VaughanSupreme Court of Alabama · 1870
- Ex parte BridewellMississippi Supreme Court · 1879
6 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Ford v. DilleySupreme Court of Iowa · 1916
- In Re ThomasCourt of Criminal Appeals of Oklahoma · 1908
- Ex Parte Jones PolkCourt of Criminal Appeals of Texas · 1925
- Rigdon v. StateSupreme Court of Florida · 1899
- Ex Parte RossCourt of Criminal Appeals of Texas · 1923
12 more not listed; retrieve them via the Exa API.