Ex Parte Moody

GRAVES, Judge.

Relator was charged by indictment with the voluntary killing of Eugene L. Bailard with malice. Upon a hearing of a writ of habeas corpus before the District Judge, Winter King, to secure bail, he was remanded to the custody of the Dallas County Sheriff without bail. This appeal is from such judgment.

The Constitution of Texas, Article 1, Section 11, provides that “all prisoners shall be bailable by sufficient sureties, unless for capital offenses, when the proof is evident,” etc. This provision of the Constitution was carried forward in the statute, Article 5, C. C. P., in…