Zembrod v. State
Texas Supreme Court
Appeal on habeas corpus. Tried in vacation before the Hon. 0. A. Frazer. Joseph Zembrod killed George Dellard-t at the market house of the latter, about daylight on the morning of the 13th day of Febraury, 1860. He was immediately arrested, and was admitted to bail by the justice of the peace in the sum of twenty thousand dollars; and failing to give the bond, was committed to jail.
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Appeal on habeas corpus. Tried in vacation before the Hon. 0. A. Frazer. Joseph Zembrod killed George Dellard-t at the market house of the latter, about daylight on the morning of the 13th day of Febraury, 1860. He was immediately arrested, and was admitted to bail by the justice of the peace in the sum of twenty thousand dollars; and failing to give the bond, was committed to jail. At the ensuing term of the District Court for Harrison county, he was indicted and charged with murder in the first degree. At said term of the District Court, the accused, on the 26th day of March-, 1860, was…
1Opinion of the CourtRoberts, J.
The Appellant may be guilty of a capital offence as charged. The testimony of the witnesses upon the subject of his insanity, as presented in the record before us, is of a character to induce the belief that it is not a case in which the “ proof is evident or presumption great.” (O. & W. Dig., 14; Carter v. The State, 12 Tex. R., 504; Com. v. Rogers, 7 Metcalf, Shaw C. J. Leading Crim. Cases, B. & H., 1 vol., 87, and notes of English .and American cases.) Therefore it is determined that he is entitled to bail.
Bail allowed.
2Cited by5 opinions
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