Ex Parte Alexander

OPINION

TOM G. DAVIS, Judge.

Appeal is taken from an order entered in a habeas corpus proceeding denying the appellant bail. Appellant has been indicted for the capital murder of Department of Public Safety Trooper Jerry Don Davis in Slaton on October 5, 1980.

Appellant contends that the trial court erred in finding the proof to be evident that a jury would return the findings under Art. 37.071, V.A.C.C.P., which would require the imposition of the death penalty. He maintains that proof is not evident that he would commit future acts of violence because the State failed to produce any…