Zembrod v. State

Decided July 1, 1860

Texas Supreme Court · decided 1860-07-01

Appeal on habeas corpus. Tried in vacation before the Hon. 0. A. Frazer. Joseph Zembrod killed George Dellard-t at the market house of the latter, about daylight on the morning of the 13th day of Febraury, 1860. He was immediately arrested, and was admitted to bail by the justice of the peace in the sum of twenty thousand dollars; and failing to give the bond, was committed to jail.

Cited by 4 later decisions — most recently August 1928

4 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1860-07-01

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Roberts, J.

¶1The Appellant may be guilty of a capital offence as charged. The testimony of the witnesses upon the subject of his insanity, as presented in the record before us, is of a character to induce the belief that it is not a case in which the “ proof is evident or presumption great.” (O. & W. Dig., 14; Carter v. The State, 12 Tex. R., 504; Com. v. Rogers, 7 Metcalf, Shaw C. J. Leading Crim. Cases, B. & H., 1 vol., 87, and notes of English .and American cases.) Therefore it is determined that he is entitled to bail.

¶2Bail allowed.