Opinion
No. 23561.
Delivered October 16, 1946.
Habeas Corpus — Bail.
Where evidence showed that habeas corpus relator, held in jail under indictment for voluntary killing with malice, entered deceased's store and fatally shot him without any spoken words being heard between them, no reason for killing was given, and extent of intimated ill-will between deceased and relator was not shown, trial court properly refused bail.
Appeal from District Court of Houston County. Hon. V. M. Johnston, Judge.
Habeas Corpus proceeding by relator for release from imprisonment in jail under an indictment for voluntary killing with malice. From a judgment remanding relator to jail without bond, he appeals.
Affirmed.
The opinion states the case.
B. R. Reeves, of Palestine, and Festus Mangum, of Crockett, for appellant.
Ernest S. Goens, State's Attorney, of Austin, for the State.
Relator was resting under an indictment of a grand jury charging the voluntary killing with malice of W. H. Sanders, and upon a habeas corpus hearing before the District Judge, he was remanded to jail without bond, from which judgment he appeals.
The testimony herein presented shows that relator entered the store of Mr. Sanders and shot him, presumably firing five shots, one striking the deceased just back of the ear on the left-hand side of the head, and two other shots striking him in the back, leaving powder burns, and two shots going into some shelves. There seems to have been no spoken words heard between these men at the time of the shooting, and we are given no reason for this killing. There seems to have been some intimation of ill-will between the deceased and relator, but just to what extent is not shown. Under the facts presented to this court, we see no reason to disturb the trial court's refusal of bail.
The cause will therefore be affirmed.