| San Antonio Express, Thursday, October 12, 1911, p. 5, col. 4, top === HEAR TWO APPEALS FROM SAN ANTONIO === VOLZ, DENA AND ACOSTA CASES COME UP IN COURT OF CRIMINAL APPEALS === The Express Austin Bureau. AUSTIN, Tex., Oct. 11. -- Habeas corpus in the case of Jake P. Volz of San Antonio, indicted in Bexar County in June last of the charge of murdering his wife in their home the night of May 19, was argued this afternoon in the Court of Criminal appeals on application for bail, by Volz's counsel, Carlos Bee of San Antonio. The opinion was submitted on the record of the Thirty-seventh District Court, where bail was refused by Judge Dwyer ??? and Volz remanded, after extended ???? hearing. Shelley Grover, Special Assistant Attorney General, for the State did not argue. The trial of Volz was postponed yesterday in the Thirty-seventh District Court until October 23, the State representing the absence of P.J. Slaugh, a material witness alleged to be the man in whose company Mrs. Volz was the night of the murder. Mr. Bee, following to some extent his argument in the trial court proceedings, asked that defendant be admitted to small bail, as he is of moderate means, on the ground that by the testimony, the trial court will be obliged to give a charge of manslaughter. The state of Volz's mind, he urged, when he returned to his home late at night and found his wife with a man, which she refused to explain, was such that the sudden passion resulting, during which the crime was committed, legally reduces the crime to manslaughter. |
