Opinion
No. 24266.
November 24, 1948.
1. — Bail — Granted — When.
All prisoners shall be bailable by sufficient sureties, unless for capital offenses, when the proof is evident; but this provision shall not be so construed as to prevent bail after indictment found, upon examination of the evidence, in such manner as may be prescribed by law — Art. 1, Sec. 11, Bill of Rights — Constitution.
2. — Bail — Allowing — Rule Stated.
The rule as to granting bail in capital cases is, that if the evidence is clear and strong, leading a well-guarded and dispassionate judgment to the conclusion that the offense has been committed; that the accused is the guilty agent, and that he would probably be punished capitally if the law is properly administered, bail should be refused, otherwise bail should be granted.
Habeas corpus proceedings. Appeal from Criminal District Court of Jefferson County.
Hon. Owen M. Lord, Judge Presiding.
Judgment reversed and bail granted in the sum of $7,500.
W. J. Baldwin, of Beaumont, for relator.
Ernest S. Goens, State's Attorney, of Austin, for the State.
Relator was indicted for the murder with malice of Lloyd White. By writ of habeas corpus before the Judge of the Criminal District Court of Jefferson County, Texas, relator sought bail, which was refused. It is from such order this appeal is prosecuted.
At the same time that White was killed relator also killed his wife, and from a refusal of bail in that case relator appealed to this court and same is pending here under No. 24,265. The statements of facts and the records are identical in the two cases. Reference is made to our opinion in No. 24,265 without repetition here. (Page 456 of this volume.) What was there said is applicable in the present case.
The judgment in cause No. 24,266, wherein relator is charged with killing Lloyd White is reversed and bail granted in the sum of $7,500.00.