
    Ex parte WRIGHT.
    (No. 10906.)
    Court of Criminal Appeals of Texas.
    April 27, 1927.
    1. Bail &wkey;>43 — Right to bail of one indicted for -capital offense depends on evidence.
    Where indictment charges capital offense, question of right to bail depends on evidence heard.
    2. Criminal law &wkey;>II44(i/2) — Appellate court not having evidence before it will assume that denial of bail to one charged with capital offense was justified.
    Court of Criminal Appeals, not having evidence before it, will assume that trial judge in denying bail to one charged with capital offense was justified by facts before him.
    Appeal from District Court, Eastland County ; Elzo Been, Judge.
    Application by Jake Wright for a writ of habeas corpus to review order denying bail. From order denying application, applicant appeals.
    Application denied, and relator remanded to custody.
    Chastain & Judkins, of Eastland,'for appellant.
   MORROW, P. J.

This is an appeal from the order of the district court denying bail.

It appears from the record that the relator was charged by indictment with the offense of rape. In the judgment and order of the district judge it appears that evidence was heard. No statement of the evidence heard is before this court. The indictment charges a capital offense, and the question of right to bail would depend upon the evidence heard. Not having the evidence before us, we are not in a position to pass upon its sufficiency, and must assume that the trial judge, in denying bail, was justified by the facts before him.

The application for a writ of habeas corpus is therefore denied, and the relator ordered remanded to custody.  