Ex Parte Homer Fleming

HAWKINS, Judge.

Relator being under indictment charged with the murder of his wife sought relief upon bail through habeas corpus proceedings. From an order denying bail this appeal is prosecuted.

The killing occurred at the home of relator, where his father, O. B. Fleming, also resided. The latter was present at the homicide and although an eyewitness his testimony was not sought by either the State or relator upon this hearing. The facts surrounding the killing were shown through proof of the dying declaration of deceased. The wound causing the death was produced by a shot from a pistol. The…