Ex Parte Silva

OPINION

DOUGLAS, Judge.

This is an appeal from an order denying bail in a habeas corpus proceeding. The appellant was charged by indictment with the offense of murder with malice aforethought.

In two previous applications the trial court denied bail. The case was then classified as capital and the State was seeking the death penalty. At the hearing on July 25, 1972, the court noted the termination of the death penalty by the United States Supreme Court in Furman v. Georgia and Branch v. Texas, 408 U.S. 238, 92 S.Ct. 2726, 33 L.Ed.2d 346, and set bail at $50,000. Nowhere in the record is it shown…