Ex Parte D.W. Rutherford

MORROW, Presiding Judge.

The relator was indicted for murder, and this appeal is from an order of the district judge refusing bail.

We have carefully read the statement of facts and have reached the conclusion that the proof that appellant was guilty of a capital offense is not evident in the sense that warrants the refusal of bail.

In the brief for the State, we are urged to discuss the legal question arising out of the evidence relied upon to justify an arrest without a warrant. We do not regard a discussion of the subject proper. It is usual in applications for bail that the facts surrounding…