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Banks v. State

Texas Court of Criminal Appeals
211 S.W. 217, 85 Tex. Crim. 165 (1919)

Written by Angela Patrick, JD

Facts

Tom Banks (defendant) was walking by a railroad track with a friend when the two men heard a train coming. The friend handed a gun to Banks and suggested that Banks shoot into the train. When the train went by, Banks shot into the train, killing a brakeman. Banks was convicted of murder and sentenced to death. On appeal, Banks argued that he could not be guilty of murder because no evidence existed that he had acted with malice aforethought, which was a required element of murder.

Rule of Law

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Issue

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Holding and Reasoning (Lattimore, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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