Ex Parte Cevallos

OPINION

DAVIS, Commissioner.

Appeal is taken from an order of the 174th District Court of Harris County in a habeas corpus proceeding in which appellant, who had been denied bond, sought to have the court set bail. The court found that appellant was entitled to be admitted to bail and same was set at $100,000.00.

Appellant stands charged by indictment with the offense of capital murder.

The Constitution of the State of Texas, Art. 1, See. 11, and Art. 1.07, V.A.C.C.P. both provide that all prisoners are entitled to bail except those charged with a capital offense “when the proof is evident.”

In…