
    Ex parte PEACOCK.
    (No. 9086.)
    (Court of Criminal Appeals of Texas.
    Nov. 12, 1924.)
    Bail &wkey;>43 — Facts showing unexplained killing held not to justify denial of bail.
    Pacts showing unexplained killing of defendant’s wife in their apartment, with no circumstances to indicate express malice, held not to justify denial of bail.
    Appeal from Criminal District Court, Tar-rant County; George E. Hosey, Judge.
    Application of J. J. Peacock for release on bail. Prom an order denying application, said Peacock appeals.
    Reversed, and bail granted.
    Harvey P. Shead, of Port Worth, for appellant.
    Tom Garrard, State’s Atty., and Grover O. Morris, Asst. State’s Atty., both of Austin, for the State.
   LATTIMORE, J.

This is an appeal from an order of the criminal district court of Tarrant county denying bail to appellant. A lengthy recital of the facts is not necessary.

Appellant is charged with the murder of his wife. On the occasion of the homicide a shot was heard, followed after a little time by others. Appellant came from the apartment occupied by him, his wife, and baby carrying the baby on one arm, and having a bullet hole in the other arm. He stated that he had had an awful struggle with his wife, and that she was dead.' Investigation disclosed the wife’s body in a kneeling or stooping posture in the room. There were various skinned and bruised places on the head and face of the body, and a bullet hole in her head.- The room gave evidence of a struggle. ’ Blood was on the wall, floor, and furndture. Other bullet holes were found. Some threats were in evidence made by appellant and some made by deceased. No eyewitness testified to the actual facts transpiring in the room at the time of the homicide. The case relegates itself to one of an unexplained killing with no circumstance in it to indicate that it was a homicide upon express malice, or to lead us to believe that upon a trial conducted in accordance with law a death penalty would be assessed by a jury.

The judgment denying bail is reversed, and bail now granted in the sum of $7,500. 
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