Anonymous
Published: 2013-09
Total Pages: 356
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1911 edition. Excerpt: ... each case fixed the bail in the sum of Four Thousand Dollars. I agree that the judgment refusing bail was erroneous, and that such judgment ought to be reversed, and, as I believe, the cause should be remanded in order that the matter may be heard on its merits and to the end that justice may be done. For 'many years prior to the decision in the case of Ex parte Newman, 38 Texas Crim. Rep., 164, it had been held in this State that after an indictment is found, that the burden of proof rested upon the applicant to show the facts entitling him to bail. This had been the uniform holding of this court almost from the day of its organization until the rendition of the Newman opinion. Judge Willson, whose accuracy can most generally be relied upon, says, after referring to the Scoggin's case (6 Texas Crim. App., 546), in Ex parte Smith, 23 Texas Crim. App., 100: "This rule was reaffirmed in Randon's case (12 Texas Crim. App., 145), and has not been overruled, or even questioned, in any subsequent decision of this or any other court, that we are aware of; but on the contrary, stands approved by every authority, without a single exception that we have examined. (Church on Hal). Corp., sec. 404; Ex parte Vaughan, 44 Ala., 417; Ex parte Strange, 59 Cal., 416; Ex parte Springer, 1 Utah, 214; Hefren's case, 2'7 Ind., 8'7; Rhear's case, 67 Ala., 94; Jones' case, 5.5 Ind., 176; Kenda1l's case, 100 Ind., 599; Street's case, 43 Miss., 1; Bridewell's case, 57 Miss., 39; 1 Bishop Crim. Prac., sec. 262; Lynch's case, 38 Ill., 494; Hurd on Hab. Corp., 438-446; Cooley's C-onst. Lim., 380; Tinder's case, 19 Cal., 539; Mill's case, 2 Dev., N. C., 421; Hight's case, 1...