Ex Parte Jeff Hicks

MORROW, Presiding Judge.

— Charged with murder, relator applied for bail. He shot and killed Ocie Payne.

To authorize the denial of bail, the State assumes the burden of producing “proof evident” of a capital offense committed by the accused. This is not done in the absence of proof of express malice by direct or circumstantial evidence. Relator may have been wholly without justification in the shooting of Payne and still not be guilty of a capital offense. Cordona v. State, 56 Texas Crim. Rep., 459; Farrer v. State, 42 Texas Reports, 271.

There may be facts in evidence which would support an…