Ex parte Short

OPINION

ONION, Presiding Judge.

This is an appeal from an order entered in a habeas corpus proceeding refusing appellant bail after indictment for murder with malice.

The Constitution of this State provides that all prisoners, are entitled to bail except in capital cases when the “proof is evident.” Article I, Sec. 11, Texas Constitution, Vernon’s Ann.St.

“The term ‘proof is evident’ means the accused, with cool and deliberate mind and formed design, maliciously killed the deceased, and that upon a hearing of the facts before the court a dispassionate jury would, upon such evidence, not only…