Miller v. State
Texas Supreme Court
Appeal from Lamar. Order refusing bail made by Hon. J. C. Easton. The testimony is voluminous, and its insertion would be necessary to show the grounds of the action of the court in admitting to bail, if attempted to be given.
1Opinion of the CourtMoore, J.
If it can be said that it is certainly shown by the evidence in the present record, that the homicide for which *310Miller and Province are indicted, was committed by either one of them, it unquestionably cannot be maintained that the proof is evident that the appellant Miller is guilty of a capital offense. And therefore it must be held that he is bailable upon sufficient sureties.
It is not usual in cases of this character to comment upon the facts for the purpose of vindicating the correctness of the conclusions reached by the court in granting or refusing bail, lest their discussion might in…
2Cited by7 opinions
- Crawford v. McDonaldTexas Supreme Court · 1895
- Robertson v. JohnsonTexas Supreme Court · 1882
- Davis v. TouchstoneTexas Supreme Court · 1876
- Texas Land & Loan Co. v. Estate of DunovantCourt of Appeals of Texas · 1905
- Ex parte Walker & BlackCourt of Appeals of Texas · 1878
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