Ex Parte Green

OPINION

PHILLIPS, Judge.

This is an appeal from an order denying appellant’s application for writ of habeas corpus and refusing appellant’s application for bail. Appellant stands indicted for the offense of capital murder.

In order to meet its burden of proof to establish the proof is evident, the State offered the testimony of a deputy sheriff who observed the scene of the alleged offense and who interviewed appellant after he had been taken into custody. This testimony established that deceased was found in the kitchen of his home; deceased had been shot; and “the kitchen was tore up”. A…