Ex Parte Thrash

MORRISON, Presiding Judge.

This is an appeal from an order denying bail, after an indictment for murder.

The Constitution of this state says that all prisoners are entitled to bail except in capital cases “when the proof is evident.” (Article I, Section 11). The term “proof evident” means that the accused, with cool and deliberate mind and formed design, maliciously killed the deceased, and that upon a hearing of the facts before the court a dispassionate jury would, upon such evidence, not only convict but would assess the death penalty. Ex parte Washburn, 161 Texas Cr. Rep. 651, 280 S.W. 2d…