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
Issue
Holding and Reasoning (Lattimore, J.)
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