Ex parte Roark

CALHOUN, Judge.

This is an appeal from an order of the Criminal District Court of Dallas County, Texas, refusing to discharge the relator and refusing him bail on the hearing of his application for a writ of habeas corpus.

It appears from the record that relator was indicted for the murder of one Justin Stein. Upon a trial under said indictment the jury failed to agree and a mistrial was ordered. Appellant *375then obtained a writ of habeas corpus upon an application for bail, which having been heard, the Judge of the Criminal District Court of Dallas County denied relator bail and remanded him to…