Ex parte Alcorta

BELCHER, Commissioner.

This is an appeal from an order denying application for bail, appellant being under indictment for the murder of his wife, a prior conviction with the death penalty assessed having been affirmed by this court in Alcorta v. State, Tex.Cr.App., 294 S.W.2d 112. But said conviction was thereafter set aside under the decision of the Supreme Court of the United States in Alcorta v. State of Texas, 355 U.S. 28, 78 S.Ct. 103, 2 L.Ed.2d 9, and remanded to the trial court in Alcorta v. State, Tex.Cr.App., 308 S.W.2d 519.

In cases of this kind we refrain from any discussion or…