Ruby v. Texas
Encyclopedia
Ruby v. Texas was a decision by the Texas Court of Criminal Appeals
, the highest criminal appellate court in the State of Texas
, that Jack Ruby
, accused 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.
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 JFK
had died two days earlier. Oswald was pronounced dead at 1:07 pm.
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.
, appealed, arguing that he could not have received a fair trial
in the city of Dallas because of the excessive publicity surrounding the case.
, 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.
Texas Court of Criminal Appeals
The Texas Court of Criminal Appeals is the court of last resort for all criminal matters in the State of Texas, United States. The Court, which is based in the Supreme Court Building in Downtown Austin, is composed of a Presiding Judge and eight judges....
, the highest criminal appellate court in the State of Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
, that Jack Ruby
Jack Ruby
Jacob Leon Rubenstein , who legally changed his name to Jack Leon Ruby in 1947, was convicted of the November 24, 1963 murder of Lee Harvey Oswald, the alleged assassin of President John F. Kennedy. Ruby, who was originally from Chicago, Illinois, was then a nightclub operator in Dallas, Texas...
, accused killer of Lee Harvey Oswald
Lee Harvey Oswald
Lee Harvey Oswald was, according to four government investigations,These were investigations by: the Federal Bureau of Investigation , the Warren Commission , the House Select Committee on Assassinations , and the Dallas Police Department. the sniper who assassinated John F...
had been denied a fair trial. The decision ordered his conviction reversed, but Ruby died before he could be retried.
The crime
The arrest of Lee Harvey Oswald for the murder of President Kennedy and Dallas police officer J. D. TippitJ. D. Tippit
Tippit attended a Veterans Administration vocational training school at Bogata, Texas, from January 1950 until June 1952. He was then hired by the Dallas Police Department as a patrolman on July 28, 1952...
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
Colt Cobra .38 Special revolver
The Colt Cobra is a lightweight, aluminum-framed, double-action short-barrelled revolver chambered in .38 Special, .32 Colt New Police, and .22 LR...
into the 24-year-old Oswald's abdomen. Unconscious, Oswald was put into an ambulance and rushed to Parkland Memorial Hospital
Parkland Memorial Hospital
Parkland Memorial Hospital is a hospital located at 5201 Harry Hines Boulevard, just west of Oak Lawn in Dallas, Texas . It is the main hospital of the Dallas County Hospital District and serves as Dallas County's public hospital.- History :The original hospital opened in 1894 in a wooden...
, the same hospital where JFK
John F. Kennedy
John Fitzgerald "Jack" Kennedy , often referred to by his initials JFK, was the 35th President of the United States, serving from 1961 until his assassination in 1963....
had died two days earlier. Oswald was pronounced dead at 1:07 pm.
The trial
The trial was widely covered by media both local, national and international. The defendant, represented pro bonoPro bono
Pro bono publico is a Latin phrase generally used to describe professional work undertaken voluntarily and without payment or at a reduced fee as a public service. It is common in the legal profession and is increasingly seen in marketing, technology, and strategy consulting firms...
by famed attorney Melvin Belli
Melvin Belli
Melvin Mouron Belli was a prominent American lawyer known as "The King of Torts" and by detractors as 'Melvin Bellicose'. He had many celebrity clients, including Zsa Zsa Gabor, Errol Flynn, Chuck Berry, Muhammad Ali, Sirhan Sirhan, the Rolling Stones, Jim Bakker and Tammy Faye Bakker, Martha...
, 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
Manslaughter
Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.The law generally differentiates...
), 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
Following Ruby's March 1964 conviction for murder with malice, Ruby's lawyers, led by Sam Houston ClintonSam Houston Clinton
Sam Houston Clinton, Jr. was a Texas Court of Criminal Appeals Judge, who as a lawyer represented both atheist leader Madalyn Murray O'Hair and Jack Ruby, the man who shot and killed alleged presidential assassin, Lee Harvey Oswald.- Early life :Clinton, was born in Waco, Texas, the son of a...
, appealed, arguing that he could not have received a fair trial
Right to a fair trial
The right to fair trial is an essential right in all countries respecting the rule of law. A trial in these countries that is deemed unfair will typically be restarted, or its verdict voided....
in the city of Dallas because of the excessive publicity surrounding the case.
The decision
The Texas Court of Criminal Appeals ruled on October 5, 1966 that the refusal of the trial court to grant the motion for change of venue made it impossible for Ruby to obtain a fair trial, overturned his conviction and death sentence, and ordered that he be retried in some location other than the Dallas area. Arrangements were underway for a new trial to be held in February 1967, in Wichita Falls, TexasWichita Falls, Texas
Wichita Falls is a city in and the county seat of Wichita County, Texas, United States, United States. Wichita Falls is the principal city of the Wichita Falls Metropolitan Statistical Area, which encompasses all of Archer, Clay and Wichita counties. According to the U.S. Census estimate of 2010,...
, 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
Hepatocellular carcinoma
Hepatocellular carcinoma is the most common type of liver cancer. Most cases of HCC are secondary to either a viral hepatitide infection or cirrhosis .Compared to other cancers, HCC is quite a rare tumor in the United States...
, lungs
Lung cancer
Lung cancer is a disease characterized by uncontrolled cell growth in tissues of the lung. If left untreated, this growth can spread beyond the lung in a process called metastasis into nearby tissue and, eventually, into other parts of the body. Most cancers that start in lung, known as primary...
, and brain
Brain tumor
A brain tumor is an intracranial solid neoplasm, a tumor within the brain or the central spinal canal.Brain tumors include all tumors inside the cranium or in the central spinal canal...
. He died on January 3, 1967.