
    Ex parte BRIDGES.
    (No. 7514.)
    (Court of Criminal Appeals of Texas.
    Nov. 22, 1922.)
    Bail i&wkey;>49 — Killing held not to be so far unexplained as to warrant admission to bail.
    In habeas corpus for admission to bail, a showing that relator hod threatened to kill deceased, and that the killing occurred in an alley or vacant lot, and that relator’s claim of self-defense was negatived by the fact that deceased, when his body was found, was unarmed, did not justify the admission of relator to bail on the theory that the killing was unexplained.
    Appeal from District Court, Llano County; J. H. McLean, Judge.
    Proceeding in habeas corpus by Alex Bridges, to secure his discharge on bail. From an order remanding accused to custody of sheriff without bail, petitioner appeals.
    Affirmed.
    Dayton Moses, of Fort Worth, for appellant.
    R. G. Storey, Asst. Atty. Gen., for the State.
   HAWKINS, J.

Bart Cooper was killed in the town of Llano on the night of October 23, 1922, by the relator. He sought bail by habe-as corpus proceedings before tbe district judge, and from an order-remanding him to the custody of the sheriff without bail he brings this appeal.

We do not regard it as at all necessary to make an extended statement of the case. It is in evidence from one witness that before the killing relator said deceased was a “stool pigeon of the law, and an enemy of his, and that he intended to kill him.” When deceased came out of the restaurant and walked down the sidewalk relator called to him, and went to where he was, and they walked around the corner of the building into an alley or vacant lot, where the shooting occurred a few minutes later. It is also in evidence from another witness that practically the same threat was made to him ui>on the afternoon preceding the killing that night; the threat at this time being to the effect that he “intended to lead deceased down an alley some time and kill him.” Within a few minutes after the shots were heard relator came into the back door of the, restaurant, and made the statement that he had killed deceased, and that he was coming at him with a knife. Upon the examination of the body of deceased, no weapons were found upon his person except a pocket knife, closed and in his pocket.

We do not regard the evidence as presenting a case of an unexplained killing, which has been held by this court as presenting a state of facts which would ordinarily call for bail. The threats made by relator were positive, and directed at deceased, and the reasons for relator’s action appears in connection with the threats.

In our opinion, the trial judge was amply authorized in remanding relator without bail, and his judgment in that respect will be affirmed.  