Legal Opinion

Ex parte Bates

Court of Appeals of Texas

Decided October 18, 1890No. 3384PublishedCited by 2 opinions

Habeas corpus on appeal from the District Court of Harris. Tried below before Hon. James Masterson. This was a proceeding by habeas corpus for bail, the charge against the relator being the murder of A. E. Frazier, in Houston, Harris County, on the 2d day of August, 1890. The order of the judge below remanding the relator without bail is reversed, and he is awarded bail in the sum of $5000. The testimony will be summarized in the order in which it appears in the record.

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Habeas corpus on appeal from the District Court of Harris. Tried below before Hon. James Masterson. This was a proceeding by habeas corpus for bail, the charge against the relator being the murder of A. E. Frazier, in Houston, Harris County, on the 2d day of August, 1890. The order of the judge below remanding the relator without bail is reversed, and he is awarded bail in the sum of $5000. The testimony will be summarized in the order in which it appears in the record. Charles Hack testified for the State, in substance, that he witnessed the shooting of Frazier by the relator. It occurred…

1Opinion of the Court

WHITE, Presiding Judge.

The relator having been arrested for the murder of one A. E, Frazier, applied to the Hon. James Masterson, judge of the Eleventh Judicial District, for oail under a writ of habeas corpus. The writ was granted, but upon a hearing of the same bail was refused,, and applicant remanded to custody. From the judgment refusing him bail he has prosecuted this appeal.

We have maturely considered the evidence as presented in the record,, in connection with the able argument of counsel, and our conclusion is: that upon the facts appellant is entitled to bail. It is not the practice…

2Cited by2 opinions

  1. Martin v. StateCourt of Criminal Appeals of Texas · 1964
  2. Martin v. StateCourt of Criminal Appeals of Texas · 1964

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