Ex Parte Lopez
Court of Criminal Appeals of Texas
Appeal from the District Court of Cameron. Tried b?low before the-Hon. W. B. Hopkins. Appeal from a habeas corpus proceedings denying defendant bail on a charge of murder. The opinion states the case. Cited Ex Parte Sapp, recently decided, and other cases.
1Opinion of the Court
DAVIDSON, Judge.
Relator was arrested charged with murder. The homicide was committed in the perpetration of robbery. If appellant participated in that killing and robbery he would not be entitled to bail. This would be murder of the first degree under the prior statute, and if the facts are.shown with sufficient cogency it would still be a capital case, if the jury saw proper to so find. ■ The serious question in the ease is relator’s presence at the time and place. We are of -opinion, without stating the facts, that the proof is not evident that hé was present or connected with the homicide.…
2Cited by1 opinion
- Ex Parte VinsonCourt of Criminal Appeals of Texas · 1937