Ex Parte Dumas

This is an appeal from an order of the court refusing bail on the hearing of a writ of habeas corpus.

There was no evidence introduced to show that the appellant committed any offense. The indictment is not evidence that the offense was committed but is merely evidence that the accused is charged with an offense. In Art. 1, Sec. 11, of the Constitution of Texas, it is declared:

"All prisoners shall be bailable by sufficient sureties, unless for capital offenses, when the proof is evident; but this provision shall not be so construed as to prevent bail after indictment found upon examination of…