Ex parte Burton

Appellant, under a complaint charging him with murder, was remanded to jail without bond on habeas corpus hearing. The evidence would show that trouble existed because of differences growing out of the relationship of landlord and tenant; ap.pellant being a tenant of deceased. The state’s evidence would support a verdict of *309murder upon express malice, therefore rendering the case nonbailable. But the defendant’s evidence raises the issues of self-defense and imperfect self-defense with such cogency as we think to require the court to submit those issues to the jury, and a court cannot say…