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Ex parte Rankin

Court of Appeals of Texas
Jun 20, 1891
No. 7488
Reporters:
, ,
Before:
Davidson
DAVIDSON, Judge.

The relator in this case was indicted by the grand jury of Fayette County for the murder ‍‌​​‌​​​​‌​​​​‌​​​‌‌​​​​​​​‌​‌‌​​‌‌‌‌​​‌​​​​‌‌​‌‌​‌‌‌​​​‌‌​‌​​‌‌​‌​​​​​​​​​​​​‌​‌​​‌‌​‌‌​‌‌​‌‌​‌‌‍of F. S. Homuth. Application for bail was made. Upon the hearing thereof and the evidence adduced on the trial the learned trial judge refused bail and remanded the applicant to custody. From said ‍‌​​‌​​​​‌​​​​‌​​​‌‌​​​​​​​‌​‌‌​​‌‌‌‌​​‌​​​​‌‌​‌‌​‌‌‌​​​‌‌​‌​​‌‌​‌​​​​​​​​​​​​‌​‌​​‌‌​‌‌​‌‌​‌‌​‌‌‍judgment refusing him bail the applicant prosecutes his appeal to this court.

After a careful investigation of the facts as presented to us in the record, we are of the opinion that the applicant is entitled ‍‌​​‌​​​​‌​​​​‌​​​‌‌​​​​​​​‌​‌‌​​‌‌‌‌​​‌​​​​‌‌​‌‌​‌‌‌​​​‌‌​‌​​‌‌​‌​​​​​​​​​​​​‌​‌​​‌‌​‌‌​‌‌​‌‌​‌‌‍to bail.

It would be manifestly improper for us to discuss the facts or give our reasons for the conclusions reached, in view of a trial to be had upon the indictment before a jury and ‍‌​​‌​​​​‌​​​​‌​​​‌‌​​​​​​​‌​‌‌​​‌‌‌‌​​‌​​​​‌‌​‌‌​‌‌‌​​​‌‌​‌​​‌‌​‌​​​​​​​​​​​​‌​‌​​‌‌​‌‌​‌‌​‌‌​‌‌‍on the merits of the case.

The judgment refusing the relator bail is reversed and bail is granted him in the sum of $8000, upon giving which in the manner and form prescribed by law ‍‌​​‌​​​​‌​​​​‌​​​‌‌​​​​​​​‌​‌‌​​‌‌‌‌​​‌​​​​‌‌​‌‌​‌‌‌​​​‌‌​‌​​‌‌​‌​​​​​​​​​​​​‌​‌​​‌‌​‌‌​‌‌​‌‌​‌‌‍he will be released from custody; and it is ordered accordingly.

Reversed and bail granted.

Judges all present and concurring.

Case Details

Case Name: Ex parte Rankin
Court Name: Court of Appeals of Texas
Date Published: Jun 20, 1891
Citations: 20 S.W. 202; 30 Tex. Ct. App. 71; 1891 Tex. Crim. App. LEXIS 57; No. 7488
Docket Number: No. 7488
Court Abbreviation: Tex. App.
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