Thompson v. State
Texas Supreme Court
Thompson v. State, 25 Tex. 395 (Tex. 1860)
Egberts
Thompson v. State
Opinion of the Court
—The question in this case, upon which the right to be admitted to bail depends, is, whether the killing was premeditated and deliberate. The facts, as presented in the transcript, do not make a case in which the “proof is evident or presumption great” upon that point. The prisoner will therefore be admitted to bail, upon his entering into bond, with sufficient sureties, in the sum of $10,000. (See Atkinson v. The State, 20 Tex., 522.)
Ordered accordingly.
Reference
- Full Case Name
- Thomas P. Thompson v. State
- Status
- Published
- Syllabus
- 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. 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.”