Ex Parte Enderli
| Decision Date | 31 October 1928 |
| Docket Number | (No. 12262.) |
| Citation | 10 S.W.2d 543 |
| Parties | Ex parte ENDERLI et al. |
| Court | Texas Court of Criminal Appeals |
Appeal from District Court, Gonzales County; Lester Holt, Judge.
Application for bail by Emil Enderli and Louis Enderli charged with murder. From a judgment remanding relators to jail without bond, they appeal. Affirmed as to relator first named, and reversed and bail granted as to relator last named.
W. B. Green, of Gonzales, for appellants.
A. A. Dawson, State's Atty., of Austin, for the State.
Judgment was entered by the district court of Gonzales county remanding relators to jail without bond for the murder of William Whitehead, from which relators have appealed to this court.
Two gunshot wounds appeared on the body of deceased, one a superficial wound about his groin, the other wound being in his back. It was testified that the latter wound caused his death. The relators are father and son. The testimony for the state shows that the father looked through a window of a blacksmith shop, located deceased, called his son, Louis Enderli, who was carrying a shotgun, and showed the boy where deceased was standing. Louis Enderli then went into the blacksmith shop and shot deceased. Upon the boy's return the father was heard to say, "Go back and give him another one, a good one," whereupon his son returned, shooting deceased in the back as he walked away. Three witnesses testified that Louis Enderli, the son, was only 15 years old. One witness for the state testified that he was 18 years old. Other witnesses testified to the good reputation of relators.
Article 31, P. C., provides:
"A person for an offense committed before he arrived at the age of seventeen years shall in no case be punished with death."
By force of this article, murder committed by a person under 17 years old is per se bailable. Ex parte Walker, 28 Tex. App. 246, 13 S. W. 861. See, also, Munger v. State, 57 Tex. Cr. R. 384, 122 S. W. 874.
Article 33, P. C., provides:
"If it appears that a minor was instigated or aided in the commission of an offense by a relation in the ascending line or by his guardian, or an apprentice under age by his master, or a wife by her husband, such relation, guardian, master or husband shall, at the discretion of the jury, in capital cases be punished by death, and in other cases the punishment shall be doubled."
"If the evidence is clear and strong, leading a well-guarded and dispassionate judgment to the...
To continue reading
Request your trial
-
Batten v. State
...Code, Sec. 8.07(e); former Article 31, Vernon's Ann.P.C., 1925; Ex parte Adams, 383 S.W.2d 596 (Tex.Cr.App.1964); Ex parte Enderli, 110 Tex.Cr.R. 629, 10 S.W.2d 543 (1928).6 It is also observed that Article 35.16(b)(1) relating to challenges for cause still provides: 'That the juror has con......
-
Allen v. State
...seventeen may never be denied bail in a murder case, since such a person may not be given the death penalty. 5 Ex Parte Enderli, 110 Tex.Cr.R. 629, 10 S.W.2d 543 (1928); Ex Parte Walker, 28 Tex.App. 246, 13 S.W. 861 (1889); Walker v. State, 28 Tex.App. 503, 13 S.W. 860 (1890); all of these ......
-
Smith v. State
...at the age of seventeen years shall in no case be punished by death.' See Ex parte Adams, Tex.Cr.App., 383 S.W.2d 596; Ex parte Enderli, 110 Tex.Cr.R. 629, 10 S.W.2d 543. Cf. Walker v. State, 28 Tex.App. 503, 13 S.W. 860. See also Footnote #1.Further, we observe Article 47, V.A.P.C., which ......
-
Beck v. State
...Penal Code, § 8.07(d). Thus, a person under 17 years of age charged with capital murder is per se bailable Ex parte Enderli, 110 Tex.Cr.R. 629, 10 S.W.2d 543 (Tex.Cr.App.1928). And this is true even though the charge remains capital murder with life imprisonment as the only punishment under......