McCoy v. State
Texas Supreme Court
" Appeal from Gonzales on a writ of habeas corpus granted by the Hon. Fielding Jones, and tried before him'on the application of the prisoner for bail, after indictment found. Indictment for the murder of David Baltzell, in the County of Gonzales, A. D. 1859. The facts disclosed by the record showed that the prisoner, in the evening, about three-quarters of an hour previous to the killing, had been playing billiards in a house adjoining the hotel, known as the ICeyser House.
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" Appeal from Gonzales on a writ of habeas corpus granted by the Hon. Fielding Jones, and tried before him'on the application of the prisoner for bail, after indictment found. Indictment for the murder of David Baltzell, in the County of Gonzales, A. D. 1859. The facts disclosed by the record showed that the prisoner, in the evening, about three-quarters of an hour previous to the killing, had been playing billiards in a house adjoining the hotel, known as the ICeyser House. About sunset the party walked out on the pavement in front of the hotel, there being present about fifteen persons. In…
1Opinion of the CourtRoberts, J.
Appellant was indicted in the District Court of Gonzales county, for the murder of David Baltzell; and having been brought before the district judge upon a writ of habeas corpus^ and the evidence having been heard, it was decided that he was not entitled to bail; and from that decision an appeal was taken to this court.
The main question in the case is, whether or not the killing was upon express malice.
The amendment to the code established degrees in murder by the following provisions, to wit:
“ Art. 608. All murder committed by poison, starving, torture, or with express malice, or committed…
2Cases cited1 opinion
- Commonwealth v. JonesGeneral Court of Virginia · 1829
3Cited by67 opinions
- Hicks v. StateCourt of Criminal Appeals of Texas · 1913
- Ex parte NettlesSupreme Court of Alabama · 1877
- Bantum v. StateSupreme Court of Delaware · 1952
- Farrer v. StateTexas Supreme Court · 1874
- Drake v. StateCourt of Appeals of Texas · 1890
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