# Ex Parte Thrash

> Court of Criminal Appeals of Texas · January 7, 1959 · 167 Tex. Crim. 409

URL: https://www.frixlaw.com/law-library/cases/9772324

## Case

- **Full name:** Ex Parte Lawrence W. Thrash
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** January 7, 1959
- **Citations:** 167 Tex. Crim. 409; 320 S.W.2d 357; 1959 Tex. Crim. App. LEXIS 1857
- **Precedential status:** Published
- **Opinion:** Dissent by Woodley
- **Judges:** Morrison, Woodley
- **Cited by:** 19 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9772324

## Opinion text

WOODLEY, Judge,
(dissenting).
*412 Appellant admitted to Captain Fritz that a .38 caliber pistol was recovered from him, which pistol was identified by Beverly Jo Thrash and Winona Fine Lee as that used by appellant in killing the deceased in a garage at a Dallas address. The body was found buried in a shallow grave in the country. A .38 caliber slug was taken from the body at the inquest.
The circumstances point to appellant as the perpetrator or one of the perpetrators of the murder, and there is no evidence showing or indicating any excuse, justification or mitigation for the killing. Whether bail should be granted was within the discretion of the trial judge. Ex parte Cogdell, 157 Texas Cr. Rep. 187 , 247 S.W. 2d 888 .
The trial judge was justified in finding from the evidence at the hearing that there was probable cause to believe that appellant committed the murder or was a party thereto. Arts. 153 and 158 C.C.P. appear to make this the test.
No abuse of discretion on the part of the trial judge is shown. Ex parte Brown, 158 Texas Cr. Rep. 416 , 256 S.W. 2d 408 .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9772324. Public record. Not legal advice.