
    (81 Tex. Cr. R. 26)
    Ex parte PATTERSON.
    (No. 4403.) 
    
    (Court of Criminal Appeals of Texas.
    March 7, 1917.)
    1. Bail <®=»45—Accused held entitled to bail after conviction and life sentence set aside.
    Where a life sentence, after indictment and conviction for homicide, had been set aside, the ease stood as if it had not been tried, and in absence of state discharging burden of proving that it was a nonbailable case, and in absence of statement of facts, accused was entitled to bail.
    2. Bail <@=>49-—Right to bail; burden of proof.
    The burden of proof is on the state to show a nonbailable case.
    Appeal from District Court, Tarrant' County; Ben M. Terrell, Judge.
    Proceeding by N. C. Patterson .for admission to bail.
    Judgment reversed, and bail granted.
    Simpson & Estes, of Pt. Worth, and Martin & McDonald, of Austin, for appellant.
    E. B. Hendricks, Asst. Atty. Gen., for the State.
    
      
      Reporter's Note.—This case as originally filed was published in' 193 S. W. 146. Since this filing editorial changes have been made, which, while not affecting the merits of the decision, make it necessary, in the interest of our subscribers, to reprint the case here.
    
   DAVIDSON, P. J.

There is no statement of facts in the record with reference to the evidence attending the homicide for which appellant was arrested. The meager statement we have shows with sufficient certainty, we think, that he had been indicted and had been previously convicted by the verdict of the jury and given a life •sentence. This was set aside, and the case stood as if it had not been tried. So we have the case presented without the facts ¡attending the homicide. This entitles defendant to bail. The burden of proof is on the state to show a nonbailable case, and it was not so undertaken in this case by the state. The case stands as if it had never been tried, and without a statement of facts before us. The judgment refusing bail will be reversed, and relator will be permitted to give bond in the sum of $5,000. Upon the giving of this bond in the terms and un■der the requirements of the law, he will be ■discharged 'from custody:

The judgment is reversed, and bail granted in the sum of $5,000. 
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