Ex parte Coward

DAVIDSON, Judge.

This is an appeal from an order denying bail.

Appellant is under indictment, in the District Court of Austin County, for the murder of Ed Krumrey, alleged to have been committed, with malice aforethought, on the 17th day of July, 1942. In December following, the case came on for trial and resulted in a mistrial, the jury being unable to agree upon a verdict.

It appears that, at the time the jury was discharged, nine members thereof were for a verdict of "guilty with a punishment of five years in the penitentiary, some of whom based that conclusion upon a belief that the murder…