
    Ex parte SMITH.
    (No. 5527.)
    (Court of Criminal Appeals of Texas.
    Oct. 15, 1919.)
    Habeas corpus <&wkey;113(13) — Evidence not DISCUSSED ON AFFIRMANCE OF JUDGMENT DENYING BAIL.
    Where a judgment denying an application for habeas corpus seeking discharge from arrest under an indictment for murder and a release on bond must be affirmed, following a rule of the -Court of Criminal Appeals, statement of facts and reasons for such conclusion will not be given, and the facts will not be discussed so that the case may go before the jury without any. expression or view of this court as to the value, force, or weight of the testimony.
    Appeal from District Court, Falls County; Prentice Oltorf, Judge.
    Sani Smith was indicted for murder and sought discharge from'arrest upon habeas corpus, and the trial court remanded him to custody, and he appeals.
    Judgment affirmed.
    Frank Oltorf, of Marlin, for appellant.
    E. A. Berry, Asst. Atty. Gen., for the State.
   DAVIDSON, P. J.

Appellant was indicted for murder, and, seeking a discharge from arrest, applied for bond under a writ of habeas corpus. The trial judge, after hearing the witnesses and considering tlie testimony, remanded Mm to custody. -

We have read the record and the facts carefully, and have reached the conclusion that the trial court was correct in refusing bail. A statement of the facts and reasons for our conclusion from the testimony will not be given. The case is to be tried before a jury, and, following the rule of the court, a discussion of the facts is pretermitted. This permits the case to go before the jury without any expressed view of this court with reference to the value, force, and weight of the testimony.

Believing the court was correct in refusing bail, the judgment will be affirmed. 
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