Jacob Rubenstein v. State of Texas 407 S.W.2d 793 (1966) was a decision by the Texas Court of Criminal Appeals, the highest criminal appellate court in the State of Texas, that Jack Ruby (real name Jacob Rubenstein; "Jack Ruby" was his nickname), the killer of Lee Harvey Oswald, had been denied a fair trial. The decision ordered his conviction reversed, but Ruby died before he could be retried.
The arrest of Lee Harvey Oswald for the murder of President John F. Kennedy and Dallas police officer J. D. Tippit was widely televised in Dallas. News of Oswald's transfer, from the local jail to a county facility, on Sunday November 24, 1963, had been announced the night before. At 11:21 am CST while authorities were preparing to transfer Oswald by car from the basement of police headquarters to the nearby county jail, Jack Ruby, in full view of witnesses and in front of TV cameras, pulled out a pistol and fired a snub-nosed Colt Cobra .38 into the 24-year-old Oswald's abdomen. Unconscious, Oswald was put into an ambulance and rushed to Parkland Memorial Hospital, the same hospital where doctors tried to save the life of John F. Kennedy two days earlier. Oswald died at 1:07 pm.
The trialedit
The trial was widely covered by local, national and international media. Henry Wade was the prosecutor.[1] The defendant, represented pro bono by famed attorney Melvin Belli, requested that the trial be moved out of the Dallas area because of the enormous publicity. This request was denied.
Some observers thought that the case could have been disposed of as a "murder without malice" charge (roughly equivalent to manslaughter), with a maximum prison sentence of five years. Instead, Belli attempted to prove that Ruby was legally insane and had a history of mental illness in his family (the latter being true, as his mother had been committed to a mental hospital years before).
On March 14, 1964, Ruby was convicted of murder with malice, for which he received a death sentence. The verdict was captured on film, including Belli's statement to the court that the trial had effectively been a sham.
The appealedit
Following Ruby's March 1964 conviction for murder with malice, Ruby's lawyers, led by Sam Houston Clinton, appealed, arguing that he could not have received a fair trial in the city of Dallas because of the excessive publicity surrounding the case.
The decisionedit
The Texas Court of Criminal Appeals ruled in a unanimous opinion on October 5, 1966, that Ruby's jailhouse confession was improperly admitted into evidence at trial and additionally, that the trial court erred in refusing to grant the motion for change of venue. The appellate court overturned Ruby's conviction and death sentence, and ordered that he be retried in some location other than Dallas County. Arrangements were under way for a new trial to be held in February 1967, in Wichita Falls, Texas, when, on December 9, 1966, Ruby was admitted to Parkland Hospital in Dallas, suffering from pneumonia. A day later, doctors realized he had cancer in his liver, lungs, and brain. He died on January 3, 1967.
Aftermathedit
Due to the prominence of the case, in 2015 Tarrant County[dubious – discuss] authorities chose to keep the paper court documents of the case as historical documents even though they have been digitized. The Tarrant County files involve the state trying to ban Belli from being Ruby's lawyer.[2]
Referencesedit
^Woo, Elaine (March 2, 2001). "Henry Wade; Named in Roe vs. Wade, Tried Jack Ruby" – via LA Times.
^Tinsley, Anna M. (March 23, 2015). "Tarrant County's 'famous' case file won't be destroyed". Fort Worth Star-Telegram. Retrieved January 8, 2019.
Appellate Court Decision: Crim. No. 37900
December 18, 2023
rubenstein, state, jacob, texas, 1966, decision, texas, court, criminal, appeals, highest, criminal, appellate, court, state, texas, that, jack, ruby, real, name, jacob, rubenstein, jack, ruby, nickname, killer, harvey, oswald, been, denied, fair, trial, decis. Jacob Rubenstein v State of Texas 407 S W 2d 793 1966 was a decision by the Texas Court of Criminal Appeals the highest criminal appellate court in the State of Texas that Jack Ruby real name Jacob Rubenstein Jack Ruby was his nickname the killer of Lee Harvey Oswald had been denied a fair trial The decision ordered his conviction reversed but Ruby died before he could be retried Rubenstein v TexasCourtTexas Court of Criminal AppealsFull case nameJack Rubenstein alias Jack Ruby v StateDecidedOctober 5 1966Citation s 407 S W 2d 793 1966 Case historyPrior action s Ruby convicted and sentenced to deathSubsequent action s Conviction overturned and new trial ordered Ruby died before he could be retriedCourt membershipJudge s sittingMorrison Presiding Judge McDonald Woodley Associate JudgesCase opinionsUnanimous Decision Contents 1 The crime 2 The trial 3 The appeal 4 The decision 5 Aftermath 6 ReferencesThe crime editThe arrest of Lee Harvey Oswald for the murder of President John F Kennedy and Dallas police officer J D Tippit was widely televised in Dallas News of Oswald s transfer from the local jail to a county facility on Sunday November 24 1963 had been announced the night before At 11 21 am CST while authorities were preparing to transfer Oswald by car from the basement of police headquarters to the nearby county jail Jack Ruby in full view of witnesses and in front of TV cameras pulled out a pistol and fired a snub nosed Colt Cobra 38 into the 24 year old Oswald s abdomen Unconscious Oswald was put into an ambulance and rushed to Parkland Memorial Hospital the same hospital where doctors tried to save the life of John F Kennedy two days earlier Oswald died at 1 07 pm The trial editThe trial was widely covered by local national and international media Henry Wade was the prosecutor 1 The defendant represented pro bono by famed attorney Melvin Belli requested that the trial be moved out of the Dallas area because of the enormous publicity This request was denied Some observers thought that the case could have been disposed of as a murder without malice charge roughly equivalent to manslaughter with a maximum prison sentence of five years Instead Belli attempted to prove that Ruby was legally insane and had a history of mental illness in his family the latter being true as his mother had been committed to a mental hospital years before On March 14 1964 Ruby was convicted of murder with malice for which he received a death sentence The verdict was captured on film including Belli s statement to the court that the trial had effectively been a sham The appeal editFollowing Ruby s March 1964 conviction for murder with malice Ruby s lawyers led by Sam Houston Clinton appealed arguing that he could not have received a fair trial in the city of Dallas because of the excessive publicity surrounding the case The decision editThe Texas Court of Criminal Appeals ruled in a unanimous opinion on October 5 1966 that Ruby s jailhouse confession was improperly admitted into evidence at trial and additionally that the trial court erred in refusing to grant the motion for change of venue The appellate court overturned Ruby s conviction and death sentence and ordered that he be retried in some location other than Dallas County Arrangements were under way for a new trial to be held in February 1967 in Wichita Falls Texas when on December 9 1966 Ruby was admitted to Parkland Hospital in Dallas suffering from pneumonia A day later doctors realized he had cancer in his liver lungs and brain He died on January 3 1967 Aftermath editDue to the prominence of the case in 2015 Tarrant County dubious discuss authorities chose to keep the paper court documents of the case as historical documents even though they have been digitized The Tarrant County files involve the state trying to ban Belli from being Ruby s lawyer 2 References edit Woo Elaine March 2 2001 Henry Wade Named in Roe vs Wade Tried Jack Ruby via LA Times Tinsley Anna M March 23 2015 Tarrant County s famous case file won t be destroyed Fort Worth Star Telegram Retrieved January 8 2019 Appellate Court Decision Crim No 37900 Retrieved from https en wikipedia org w index php title Rubenstein v State amp oldid 1175149312, wikipedia, wiki, book, books, library,
