Opinion
No. 23583.
Delivered November 13, 1946.
Bail — Evidence
Evidence that one indicted for murder acted together with his brother in assaulting deceased, that someone inflicted 47 immediately fatal knife wounds on deceased, and that both brothers were on deceased and striking him until he expired, sufficiently showed killing by express malice to warrant denial of bail.
Appeal from District Court of Smith County. Hon. Earl Roberts (sitting for Otis T. Dunagan, Judge, Seventh District) Judge.
Habeas corpus proceeding by Tomlin Gibson for release on bail pending trial for murder. From a judgment denying bail, relator appeals. Affirmed.
The opinion states the case.
Steve Miller, of Tyler, J. S. Grisham and Thomas C. Unis, both of Dallas, for appellant.
Ernest S. Goens, State's Attorney, of Austin, for the State.
This is a companion case to our No. 23,582, Ex parte, Colquitt Gibson, (Page 573 of this volume), and the same facts are herein presented as those in that case.
It is shown that the two Gibsons were acting together in the encounter in which Pat Templeton lost his life, and under the authority of our case No. 23,582, and our opinion therein, we think the denial of bail was correct.
The judgment will therefore be affirmed.