Ex Parte Lackey

OPINION

ODOM, Judge.

This is an appeal from an order entered in a habeas corpus proceeding in the 137th District Court denying the appellant bail.

The record reflects that appellant was indicted for capital murder on August 3, 1977, and is being held without bail for the murder of Toni Diane Kumpf.

The record shows that the deceased’s apartment was located at 1001 Avenue W in Lubbock, and that officers were called to this apartment to investigate a burglary and possible kidnapping during the early morning hours of July 31, 1977. The front door of the residence had apparently been kicked open, as…