Ex Parte Fatheree

HURT, Presiding Judge.

This is an application for bail under an indictment for murder. Bail was refused, and appellant appealed. The theory of the State is, that appellant’s daughter was pregnant by him. That he inserted a knitting needle in the womb for the purpose of killing the foetus or child. This was done to procure an abortion. That the daughter died from this attempt to commit an abortion, and hence the father (appellant) was guilty of the murder of his daughter, as charged in the indictment. If these facts were proven, or in other words, if this thing was in fact true, applicant would…