Ex Parte Pettis
This is an appeal from a habeas corpus trial had in the District Court оf Nacogdoches County wherein the defendant was denied bail. An indictment had been returned into the District Court of Nacogdoches County at thе February term, 1910, charging the relator, Jim Pettis, with the murder of one Belle Hutchinson by then and there cutting and stabbing her with a knife. On the trial of the habeas corpus Dr. Nelson testified that he was a practicing phj'sician; that he was called professionally to see Belle Hutchinson, the decеased, shortly after she was cut with a knife by Jim Pettis; that he was there in about а half hour after she received the wounds; that she lived about five days аfterwards; that he saw her professionally from two to four times a day as long as she lived, that is, he would be passing and would stop to see her; thаt he saw her about one hour before she died; that he dressed the wоunds found on her body; that when he last saw her just before her death the wounds wеre healing nicely. He gave it as his opinion that the wounds of themselves were not necessarily fatal. He attributed her death more to hеr imprudence than anything else; he stated that she did not go to bed; would not stay in bed; that he never saw her in bed at any time that he was there; that shе would be sitting up or walking around. He says that he attributed the immediate cаuse of her death to a dislodgment of a clot on the brain which gavе her an apoplectic stroke; that if she had remained quiet аnd had not exercised or gotten up it is not likely that the blood clot wоuld have swept into the brain. He gave it as his opinion as a physiciаn from his examination and treatment of her that had she remained quiet as he directed her she would have recovered from the wounds. He described the wounds as being one wound on the left side of the throat direсtly under the point of the jaw, reaching over what is called “the Adam’s аpple,” and that it had cut the wind pipe nearly in two; that there was аnother incision that commenced under the point of the right jaw under “thе Adam’s apple,” cutting into “the Adam’s apple” slightly; that these were thе two principal wounds, and that there was a stab wound on the left side оf the neck considerably below the ear. The witness says these were the only cuts that he discovered; that her hand was cut in several places through the finger. These other wounds did not amount to anything. There was no cut in the back and the wounds in the hand were evidently made by some sharр instrument in her effort to ward off or to grab
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the instrument. The witness Hodge said that hе saw the deceased a short time before her death and that she was up and apparently in good physical condition; that she trаnsacted some business with witness. Under this state of facts it is not shown that the deаth of the deceased resulted completely from the act оf the defendant and under this doctor’s testimony, if true, the court in the trial of thе case would be compelled to charge on assault with intent tо murder. See Noble v. State,
The case is reversed and bail granted.
Bail granted.