Roy v. State

OPINION

ROBERTSON, Justice.

This is an appeal from an order entered in a habeas corpus proceeding denying bail pending trial. Appellant contends the trial court erred in denying bail because the state “failed in carrying its burden in providing proof evident.” We agree and reverse.

Prom the return on the writ, we discern that on November 1, 1991 appellant was charged with the offense of capital murder and apparently was indicted for that offense in cause no. 614,219 sometime thereafter.1 On March 11, 1992 his attorney filed application for writ of habeas corpus requesting bail. A hearing was…