Ex Parte Arthur Ott

OPINION

ONION, Presiding Judge.

This is an appeal from an order entered in a habeas corpus proceeding in the 158th Judicial District Court refusing the appellant, who was indicted for capital murder, bail.

The indictment charged the appellant with capital murder under V.T.C.A., Penal Code, § 19.03(a)(1), which provides:

“(a) A person commits an offense if he commits murder as defined under Section 19.02(a)(1) of this code and:

“(1) the person murders a peace officer or fireman who is acting in the lawful discharge of an official duty and who the person knows is a peace officer or fireman.”

The…