Feray v. State

LATTIMORE, Judge.

From a judgment denying bail on habeas corpus hearing before the District Court of Ellis County, appeal is taken.

The rule applicable in determining whether one accused of crime is entitled to bail is too well settled to need citation of authorities to support the proposition that unless the testimony being considered by the court makes evident the fact that upon trial a fair jury considering same would likely inflict the death penalty, bail should be allowed. We do not think the testimony before us in this case leads to any such conclusion.

If it was an unexplained killing,…