Ex parte Evers
Court of Appeals of Texas
Habeas ooepus on appeal from the District Court of Bexar. Tried below before Hon. W. W. King. Applicant was charged by indictment in due form with the murder of Robert Richter by shooting him with a pistol. Having been arrested by virtue of a copias issued upon said indictment he applied for and obtained the writ of habeas .corpus. Upon a hearing of the writ he was remanded to custody without bail.
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Habeas ooepus on appeal from the District Court of Bexar. Tried below before Hon. W. W. King. Applicant was charged by indictment in due form with the murder of Robert Richter by shooting him with a pistol. Having been arrested by virtue of a copias issued upon said indictment he applied for and obtained the writ of habeas .corpus. Upon a hearing of the writ he was remanded to custody without bail. On the hearing of the writ the following evidence was adduced: On behalf of the State the bill of indictment was introduced and read as follows: “Indictment.—In the name and by the authority of the…
1Opinion of the Court
DAVIDSON, Judge.
“All prisoners shall be bailable by sufficient sureties unless for capital offenses when the proof is evident.” Bill of Rights, sec. 11. By virtue of this provision the right of bail is secured to all persons in this State who are accused of crime except in cases *561where the evidence manifests with reasonable certainty that the accused party is guilty of a capital offense. McCoy v. The State, 25 Texas, 33; Ex Parte Coldiron, 15 Texas Ct. App., 464; Ex Parte Smith, 23 Texas Ct. App., 100.
The rule in this State for determining whether or not bail should be granted is as follows:…
2Cases cited6 opinions
- McCoy v. StateTexas Supreme Court · 1860
- State v. HundleySupreme Court of Missouri · 1870
- Ferrell v. StateTexas Supreme Court · 1875
- State v. RamseySupreme Court of Missouri · 1884
- State v. DearingSupreme Court of Missouri · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Ford v. DilleySupreme Court of Iowa · 1916
- Ex Parte VarnadoCourt of Criminal Appeals of Texas · 1948
- Ex Parte KnoxCourt of Criminal Appeals of Texas · 1928