251 S.W. 233 | Tex. Crim. App. | 1923
Lead Opinion
This is a companion case to Number 7830, Ex parte Tom Ross, and upon authority of the opinion in that case the judgment denying relator bail is affirmed.
Affirmed.
Addendum
The appellant herein was denied bail on habeas corpus hearing before Honorable Clark M. Mullican, District Judge of Gaines County, Texas, and appealed to this court which, at a recent day of this term, affirmed the order and judgment of the lower court. Appellant was not satisfied and asks for a rehearing, and the matter has been again considered by us.
The rule seems to be that on appeal in habeas corpus hearing wherein bail was denied, if the complaint be that the evidence below was conflicting, this court will rarely overturn the judgment of the lower court and grant bail. Drury v. State,
The motion for rehearing will be overruled.
Overruled.