Ex Parte Perkins

HAWKINS, Judge.

Relator was charged by indictment with the murder of one Lewis Griffin. From an order of the district judge of the 9th Judicial District remanding him without bail relator prosecutes this appeal.

The killing occurred on Hallowe’en night. Witness Reese testified that he walked out of the restaurant on to the porch and saw relator standing about ten feet away; that deceased came out and stood with his hand on the banisters; that relator asked deceased where his pistol was, to which deceased replied, “It was on his damn side where it was due to bethat relator then raised his…