Ex Parte Contella

OPINION

ROBERTS, Judge.

These are appeals from orders in habeas corpus proceedings refusing bail to appellants after indictment for murder with malice.

Art. I, Section 11 of the Texas Constitution, Vernon’s Ann.St., provides, in part: “All prisoners shall be bailable by sufficient sureties, unless for capital offenses, when the proof is evident. . . . ” Art. 1.07, Vernon’s Ann.C.C.P., likewise provides, in part: “All prisoners shall be bailable unless for capital offenses when the proof is evident.” A capital felony is defined in Art. 47, Vernon’s Ann.P.C. as “An offense for which the highest…