Ex Parte Forbes

OPINION

DAVIS, Commissioner.

This is an appeal from an order in a habeas corpus proceeding refusing appellant bail after indictment for murder with malice of one Jean Geron, on or about September 24, 1971, in Dallas County.

All prisoners shall be bailable unless for capital offenses when the proof is evident. Art. 1, Sec. 11, Vernon’s Ann.St. Texas Const., Art. 1.07, Vernon’s Ann.C.C.P.

The burden is upon the State to establish that the “proof is evident.”

The term, “proof is evident,” here, means that the accused, with cool and deliberate mind and formed design, maliciously killed the deceased…