Ex Parte Perez

OPINION

ONION, Judge.

This is an appeal from an order in a habeas corpus proceeding refusing appellant bail after indictment for murder with malice of his wife.

The Constitution of this State provides that all prisoners are entitled to bail except in capital cases, when the “proof is evident.” Art. I, Section 11.

“The term ‘proof is evident’ means the accused, with cool and deliberate mind and formed design, maliciously killed the deceased, and that upon a hearing of the facts before the court a dispassionate jury would, upon such evidence, not only convict but would assess the death penalty.” Ex…