Opinion
No. 12630.
Delivered May 8, 1929.
Habeas Corpus — To Secure Bail — Properly Denied.
Where it appeared on a habeas corpus hearing to secure bail, by appellant, under a charge of rape, that he had been formerly tried, and convicted under said charge, and his punishment fixed at death, and this judgment had been reversed on appeal to this court, but not by reason of insufficient evidence, bail was properly refused.
Appeal from the District Court of Comanche County. Tried below before the Hon. Joe H. Eidson, Judge.
Appeal from an order denying appellant bail, under a charge of rape. Affirmed.
The opinion states the case.
J. B. Stubblefield of Comanche, for appellant.
A. A. Dawson of Canton, State's Attorney, for the State.
Appellant was indicted for rape. Upon a habeas corpus hearing he was refused bail and remanded to the custody of the Sheriff of Comanche County, from which order he appeals to this Court.
Appellant was tried, convicted and given the death penalty upon facts identical with those exhibited in the present record. His conviction was appealed and reversed by this Court in an opinion delivered March 13, 1929, where the facts sufficiently appear. He thereafter attempted to get bail with the result aforesaid. No useful purpose can be served by a discussion of the facts. The law is too well understood to require any statement of same by us. In our opinion the proper order was entered by the District Court in refusing bail and remanding relator to the custody of the Sheriff.
The judgment is affirmed.
Affirmed.
The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.