
    Ex parte McBRIDE.
    (No. 11596.)
    Court of Criminal Appeals of Texas.
    Jan. 25, 1928.
    1. Bail &wkey;>44 — Applicant sentenced to 45 years for murder held not entitled to bail under •statute applying to persons sentenced to 15 years or less (Code Cr. Proc. 1925, art. 815).
    Under Code Cr. Proe. 1925, art. 815, providing that person convicted and given punishment of 15 years or less in Penitentiary may make bail pending appeal, applicant for habeas corpus, seeking bail on appeal from conviction of murder, given punishment by verdict of jury amounting from 2 to 45 years in Penitentiary, was not entitled to bail.
    2. Bail <&wkey;42 — Prisoners after conviction are not guaranteed right of hail; Constitution referring to prisoners before conviction (Const, art. I, § II),.
    Const, art. 1, § 11, providing that all prisoners shall be bailable by sufficient sureties, unless for capital offenses, etc., refers to prisoners before conviction; prisoners after conviction not being guaranteed right of bail.
    Original application by C. B. McBride for habeas corpus.
    Application denied.
    Saunders & Bounds and V. L. Shurtleff, all of Breckenridge, for appellant.
    L. H. Welch, Dist. Atty., and O. H. Allred, Co. Atty., both of Breckenridge, McLean, Scott & Sayers, of Fort Worth, John P. Evans, of Breckenridge, and A. A. Dawson, State’s Atty., of Austin, for the State.
   LATTIMOBE, J.

This is an original application for habeas corpus filed in this court on behalf of relator seeking bail on appeal from a conviction of murder and a sentence, under the provisions of our indeterminate sentence law, of not less than 2 nor more than 45 years in the Penitentiary.

We find in the record two briefs on behalf of relator. In one the statement is made that relator can add nothing to the brief filed in thid court in Ex parte Saylors, No. 3701' on our docket. We are not in accord with the point in the brief in that case which might be applicable here.

In the other brief on file for relator appears an extended argument based on the provisions of the statute relative to parole which may be accorded to one who has been incarcerated in the Penitentiary for a certain length of time and who presents a record showing he has behaved himself. The points raised in this brief are too speculative and have so little application as to not call for review at our hands.

Article 815 of our Code of Criminal Procedure provides that one who has been convicted and given a punishment of 15 years or less in the Penitentiary may make bail pending appeal. This relator was given a punishment by the verdict of the jury amounting to 45 years. We think him not’ entitled" to bail. The provisions of section 11 of article 1 of our Constitution, which are' referred to and invoked by relator, in our opinion, have no application. The statement therein that “all prisoners shall be bailable by sufficient sureties, unless for capital offenses, when the proof is evident,” etc., has reference to prisoners before conviction. Prisoners after conviction are not guaranteed the right of bail. Ex parte Ezell, 40 Tex. 451, 19 Am. Eep. 32; Ex parte Schwartz, 2 Tex. App. 74; Warnock v. State, 6 Tex. App. 450; Ex parte McCorkle, 29 Tex. , App. 20, 13 S. W. 991.

The application for writ of habeas corpus is denied.  