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Texas Supreme Court· 10/15/1860

Thompson v. State

Citations

  • 25 Tex. 395

Syllabus

<p>The 9th section of the bill of rights declares, that “All prisoners shall be bailable by sufficient sureties, unless for capital offenses, when the proof is evident or the presumption great; but this provision shall not be so construed as to prohibit bail, after indictment found, upon an examination of a judge of the Supreme or District Court, upon the return of a writ of habeas corpus, returnable in the county where the offense is committed.” (Paschal’s Dig., p. 48, | 9, Note 1C4.) The question upon this section is, whether the killing was premeditated and deliberate.</p> <p>When the decree had been changed, no notice was taken of the fact, that the habeas corpus was not “returnable in the county where the offense was committed.”</p>

Judges: Egberts

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