Ex parte Landers (9 S.W.2d 1106, 1928)

MARTIN, J.

Charged with murder, relator sued out a writ of habeas corpus, and, upon a hearing on same by the district court, was denied bail and remanded to the custody of the sheriff of Bell county, from which judgment he appeals to this court.

The facts shown in the record are very meager. It is sufficient to say that at best they only show an unexplained Idllmg. “All prisoners shall be bailable by sufficient sureties, unless for capital offenses when the proof is evident.” Bill of Rights, § 11, State Constitution. Since the case of Ex parte Newman, 38 Tex. Cr. R. 164, 41 S. W. 628, 70 Am. St. Rep. 740, this court has uniformly held that, on an application by habeas corpus for bail in a capital ease, the burden of proof to establish the fact that the proof is evident is not upon relator but upon the state. The rules governing cases of this character have been so frequently stated that any discussion here we feel would be profitless. They will be found clearly stated in Ex parte Littleton, 88 Tex. Cr. R. 614, 228 S. W. 946. We do not deem it expedient or necessary'to discuss this case further than to say that, in our opinion, the state failed to discharge the burden which the law places upon it in eases of this character. Bail is granted relator in the sum of $10,000.

Judgment reversed, and relator granted bail as aforesaid.

PER CURIAM. The foregoing opinion of the Commission of Appeals has been examined by the judges of the Court of Criminal Appeals and approved by the court.