Ex Parte Flores

LATTIMORE, Judge.

This is an appeal from an order of the district court of El Paso county refusing bail. Appellant was charged by indictment with the offense of murder.

Three questions must be considered by the court a quo in a case like this: (1) Was the offense committed? (2) Was the accused a guilty agent? (3) Would he likely be punished by the infliction of the penalty of death, on his trial, if the law be followed?

To these our courts seems to have added a fourth proposition, viz, That, where there is nothing in the record tending to mitigate the offense, or to lessen the punishment if…