Ex Parte Dave Augustine
Court of Criminal Appeals of Texas
Appeal from tbe District Court of Gonzales. Tried below before Hon. B. R. Abernathy, Special Judge. This appeal is from a refusal of tbe court below to grant defendant bail under a writ of babeas corpus. Tbe case is fully stated iu tbe opinion. Tbe material facts concerning tbe murder will be found in tbe case of Cox et al. v. Tbe State, 8 Texas Crim.
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Appeal from tbe District Court of Gonzales. Tried below before Hon. B. R. Abernathy, Special Judge. This appeal is from a refusal of tbe court below to grant defendant bail under a writ of babeas corpus. Tbe case is fully stated iu tbe opinion. Tbe material facts concerning tbe murder will be found in tbe case of Cox et al. v. Tbe State, 8 Texas Crim. App., 254. 1. When tbe State of Texas dismisses a prosecution for a capital offense against tbe accused because it bas not legal grounds for a further continuance of tbe cause on account of absent witnesses, and after eight or nine years…
1Opinion of the Court
DAVIDSON, Judge.
The appellant, having been denied bail, prosecutes bis appeal. Tbe questions presented are legal, arising upon an agreed statement of facts, substantially as follows, to wit: On tbe 21st of December, 1876, the grand jury of De Witt County preferred an indictment against appellant and others, charging them with tbe murder of Philip Brassell; that on tbe 29th of tbe same month the cause was, on change of venue, transferred to Bexar County; that on account of sickness, rendering it dangerous to longer confine appellant, be was admitted to bail in tbe sum of $10,000, and this…
2Cases cited1 opinion
- Ex parte JilzSupreme Court of Missouri · 1876
3Cited by11 opinions
- Ex Parte SalfenCourt of Criminal Appeals of Texas · 1981
- Young Ex Rel. Boone v. RussellCourt of Appeals of Kentucky (pre-1976) · 1960
- Ex Parte JonesCourt of Criminal Appeals of Texas · 1918
- Ex Parte ReisCourt of Criminal Appeals of Texas · 1930
- Jenkins v. StateCourt of Criminal Appeals of Texas · 1903
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