Ex Parte Epps and McGraw
Court of Criminal Appeals of Texas
Appeal from the District Court of Cooke. Tried below before Hon. R. V. Bell, Special Judge. This appeal is from a refusal of bail by the trial court on a hearing for bail under a writ of habeas corpus. Appellant had been indicted for the robbery of one J. W. Powers, by the use and exhibition of firearms, and by putting him in fear of life and bodily injury, etc.
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Appeal from the District Court of Cooke. Tried below before Hon. R. V. Bell, Special Judge. This appeal is from a refusal of bail by the trial court on a hearing for bail under a writ of habeas corpus. Appellant had been indicted for the robbery of one J. W. Powers, by the use and exhibition of firearms, and by putting him in fear of life and bodily injury, etc. The main facts are sufficiently shown by the following, taken from the testimony of J. W. Powers on direct examination: “About the 30th day of July, 1895, E. A. Peifer and I had charge of the general mercantile business at Muenster,…
1Opinion of the Court
DAVIDSON, Judge.
The appellants were tried on a writ of habeas corpus, the trial judge refused bail, and this appeal is prosecuted. The indictment charges appellants with the offense of robbery, and that it was committed by the use and exhibition of firearms. After hearing' the evidence, the judge denied bail, on the ground that the defendants, were indicted for a capital offense, under Article '722, of the Penal Code, as amended by the legislature (Acts 24th Leg., p. 89). We apprehend that the same rule provided in murder cases is also applicable to the-offense of robbery, made capital by…
2Cited by4 opinions
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- Farrar v. StateCourt of Criminal Appeals of Texas · 1902
- Burries v. StateCourt of Criminal Appeals of Texas · 1896
- Smith v. StateCourt of Criminal Appeals of Texas · 1915