
    Ex parte JONES.
    (No. 4709.)
    (Court of Criminal Appeals of Texas.
    Oct. 17, 1917.
    On Motion for Rehearing, Oct. 31, 1917.)
    Habeas Corpus <&wkey;85(l) — tRefusal oij Bail —Burden of Proof.
    In habeas corpus to review order denying bail to accused, the burden is upon the state to show by “proof evident” the commission of a capital crime, and that accused was the guilty agent.
    Appeal from District Court, El Paso County ; AV. D. Howe, Judge.
    Habeas corpus on the relation of Felix R. Jones. Order denying bail reversed. On motion for rehearing.
    Motion overruled.
    Marvin B. Simpson, of Ft. Worth, M. Scarborough and O. L. Vow ell, both of El Paso, for appellant. E. B. Hendricks, Asst. Atty. Gen., for the State.
   MORROW, J.

Relator is charged with murder, and complains of the order of the trial court denying him bail.

A perusal of the facts constrains us to hold that the court was in error in rendering the judgment. It is ordered reversed, and relator is granted bail in the sum of $10,000.

On Motion for Rehearing.

The state insists that the court was in error in granting bail to relator. In deference to this contention'we have reviewed the record, in the light of the decisions of this court giving weight to the conclusions of the trial judge, and, granting the correctness of his findings on conflicting evidence (Vernon’s C. C. P. p. 910, and cases cited), we adhere to the opinion that the burden rests upon the state to show, by “proof evident,” that a capital crime was committed, and that relator was the guilty agent. Branch's Criminal Law, p. 49, and cases cited. Observing the established practice in this court, we omit a discussion of the evidence. Sharp v. State, 1 Tex. App. 299; Ex parte Lawrence, 137 S. W. 697; Vernon’s O. O. P. p. 910, and cases cited.

The state’s motion for rehearing is overruled.  