Ex Parte Wilson

OPINION

BROWN, Commissioner.

These are appeals from an order of the CAninal District Court of Jefferson County denying appellants’ applications for a writ of habeas corpus and refusing the appellants’ applications for bail. Appellant Charles Elton Wilson and appellant Chris Phillip Kibbe both stand indicted for the offense of capital murder.

The Constitution of the State of Texas, Art. 1, Sec. 11, and the Code of Criminal Procedure, Art. 1.07, both provide that all prisoners are entitled to bail except those charged with a capital offense “when the proof is evident.”

The term “proof is evident”…