Ex parte Powers

MORRISON, Judge.

This is an appeal from an order refusing appellant bail after indictment for murder with malice. ' ■

At the hearing counsel for tile defense and the State agreed that in reaching a decision the court would consider the evidence adduced at an examining trial. At the examining trial the following evidence was presented.

In the early hours of the morning, the deceased, his female companion and another young couple were returning to the apartment house where he lived and had pulled into the parking lot at the rear of the building. Another car in which three men were riding followed…