Ex Parte Collins

One charged with a capital felony is not entitled to bail merely because of the presence of some testimony raising a defensive issue. Ex parte Ross, 94 Texas Cr. Rep. 313, 251 S.W. 233, citing Ex parte Smith, 23 Texas App. 100, 5 S.W. 99, and Ex parte Jones, 31 Texas Cr. Rep. 422, 20 S.W. 983.

The only testimony found in this record, which, if admitted at the trial, could require a charge on self-defense was that of appellant’s brother as to appellant’s statement after he went to his mother’s home following the killing. The statement appellant contends was res gestae and admissible as such.…