Opinion
No. 18459.
Delivered April 29, 1936.
Murder — Bail.
Accused under indictment for murder held entitled to bail and ordered released upon his execution of bail with adequate sureties in the sum of 7500.00 where the record did not disclose case of proof evident which would justify denial of bail.
Appeal from the Criminal District Court of Harris County. Tried below before the Hon. Whit Boyd, Judge.
Appeal from order of district judge refusing to discharge relator on bail.
Relator ordered released on execution of bail with adequate sureties in sum of $7,500.00.
The opinion states the case.
Frank E. Mann and King C. Haynie, both of Houston, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
This is an appeal from an order of the district judge refusing to discharge the relator on bail.
The relator is under indictment for the murder of Henry H. Poole.
It appears from the evidence that while driving his automobile upon a public street the relator had a collision with one Rowell. The deceased was a witness to the accident and remarked that he wished the relator had broken his neck. About a year previous to the homicide the relator and the deceased had engaged in a difficulty and were not on speaking terms. After the collision, the relator drove his car to a fire station. According to his testimony, he was not aware that the deceased was there. In a conversation with others, the relator made remarks derogatory to the deceased. The deceased heard the remarks and came out of the building. He struck the relator several blows with his fist. The relator drew his pocket knife and inflicted wounds upon the deceased which resulted in his death. The weapon used is not described other than as a pocket knife. A further recital of the testimony is not deemed necessary or desirable. Suffice it to say that the State's Attorney before this court, in his brief, expressed the opinion that the record does not disclose a case of proof evident which would demand or justify the denial of bail upon proper security. Upon examination of the record, we are constrained to hold the case one in which bail should be granted and accordingly order the release of the relator upon his execution of bail with adequate sureties in the sum of $7,500.00.
Bail granted.