
    Ex parte WALLACE.
    (No. 11559.)
    Court of Criminal Appeals of Texas.
    Jan. 11, 1928.
    1. Bail ⅞»43 — Bail is matter of right, unless evidence clearly shows commission of offense by accused, who would probably be punished capitally.
    Bail is a matter of right, unless evidence is clear and strong, leading well-guarded and dispassionate judgment to conclusion that offense has been committed, that accused is guilty, and that he would probably be punished capitally if law is administered.
    2. Bail <3=>43 — Evidence of mitigating circumstances or self-defense does not necessarily require reversal of denial of bail to one accused of murder.
    On application for bail by one accused of murder, evidence in record of mitigating circumstances, or evidence raising issue of self-defense, does not necessarily require reversal of trial judge’s decision denying bail.
    3. Bail ⅞=>49 — Source of evidence will be considered in determining whether denial of bail to one accused of murder was erroneous.
    On application for hail by one accused of murder, source of evidence will be considered in detez-mining whether denial of bail was erroneous.
    4. Bail <S=>43 — Prosecution for murder is ordinarily bailable, where issue of self-defense appears reasonably well supported by evidence.
    On application for bail by one accused of murder, where issue of self-defense appears l-easonably well supported by evidence, case is ordinarily bailable.
    • Commissioners’ Decision.
    Appeal from Criminal District Court, Tar-rant County; George E. Hosey, Judge.
    Application by Oliver Wallace for bail. From an order denying bail, applicant appeals.
    Reversed.
    P. W. Seward and Mays & Mays, all of Fort Worth, for appellant.- ' '
    Jesse Martin, Crim. Dist. Atty., of Fort Worth, and A. A. D'awson, State’s Atty., of Austin, for the State.
   CHRISTIAN, J.

The appeal is from an order denying bail. Appellant is charged by complaint with the offense of murder.

It was agreed that appellant killed the deceased, S. R. Graham, by shooting him with a pistol. It was further agreed that deceased was shot in the back at the base of the spine, and that the bullet ranged to one side.

Bail is a matter of right unless the evidence is clear and strong, leading a well-guarded and dispassionate judgment to the conclusion that the offense has been committed, that the accused is the guilty agent, and that he would probably be punished capitally if the law is administered. Ex parte Alford, 97 Tex. Cr. R. 410, 261 S. W. 1041.

Because there is evidence in the record of mitigating circumstances or raising the issue of self-defense does not necessarily require a reversal of the decision of the trial judge denying bail. The source of the' evidence will be considered in determining whether the denial of bail was erroneous. Ex parte Polk, 99 Tex. Cr. R. 106, 268 S. W. 464. However, where the issue of self-defense appears reasonably well supported by the evidence, the case is ordinarily bailable. The instant case, in our opinion, is within the rule last announced. Ex parte Rivera, 105 Tex. Cr. R. 37, 285 S. W. 327. The testimony before us does not make evident the fact that a fair jury, considering such testimony, would likely inflict the death penalty.

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

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. 
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