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25 Tex. 45

Drury v. State

Texas Supreme Court

Decided July 1, 1860

Texas Supreme Court · decided 1860-07-01

George Wi Smith, in vacation. Application for bail after indictment found against the applicant, George D. Drury, for the murder of Ambrose R. Pitts, on the 2d day of January, 1860. Drury and Pitts were in partnership in the blacksmith business, the former living at the house of the deceased. They commenced making a settlement of their partnership business on the day previous to the killing, apparently with the view of a dissolution of partnership.

Decided 1860-07-01

Roberts, J.

¶1As to the credibility of the witnesses, in case of conflict or apparent contradiction, we think the judge below in far better situation to determine than this court, and therefore, generally, great deference must be paid to the construction placed upon it by him, as discovered in the judgment he has pronounced.

¶2Thus regarding the facts, then, as presented in this case, we are of opinion that they show, with reasonable certainty, that the prisoner has been guilty of murder with express malice, and that therefore we cannot say that the judge erred in refusing bail.

¶3*53The legal principles applicable to this case are developed in the ease of McCoy v. The State, just decided.

¶4Judgment affirmed.

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