
    Ex parte NACK.
    (No. 10638.)
    (Court of Criminal Appeals of Texas.
    Jan. 12, 1927.)
    Bail <§=»49 — Evidence held insufficient to show reasonable likelihood that jury would assess death penalty and warrant denial of bail.
    Evidence showing that deceased died from blow inflicted by defendant with a Stillson wrench, the size and weight of which were not shown, and that on the night before the homicide defendant’s wife had informed him of insulting words and conduct of deceased toward her, held not to show a reasonable likelihood that jury would assess death penalty or warrant denial of bail.
    Appeal from District Court, De Witt County; John M. Green, Judge.
    Criminal prosecution against William Nack. From an order on babeas corpus bearing denying bail, defendant appeals.
    Reversed, and bail granted.
    Jno. H. Bailey and Crain & Hartman, all of Cuero, and W. T. Bagby, of Hallettsville, for appellant.
    Sam D. Stinson, State’s Atty., of Austin, and Robt. M. Lyles, Asst. State’s Atty., of Groesbeck, for tbe State.
   LATTIMORE, J.

This is an appeal from an order of tbe district court of De Witt' county, upon a babeas corpus bearing, wherein tbe appellant was denied bail.

It is customary for tbis court to refrain from a discussion of the facts upon a proceeding such as tbis. It is apparent from tbe evidence adduced that upon tbe trial hereof the court will be called upon to submit the issues of self-defense and manslaughter. Tbe record suggests that deceased came to his 'death by. a blow inflicted by appellant with a Stillson wrench. There is nothing in tbe record showing tbe kind or character of weapon tbe Stillson wrench would be, nor the weight, size, etc., of same. Appellant’s wife testified that, on the night before deceased was killed early tbe next morning, she informed appellant of insulting words and conduct of deceased toward her. We find ourselves unable to give assent to tbe proposition that tbis is a ease in which there is proof so evident 'that it appears with reasonable likelihood that a jury upon tbe trial will assess tbe death penalty.

There is slight evidence upon which we may determine what would be a reasonable bail. Appellant appears to be a fairly well-to-do farmer, 63 years of age.

Tbe judgment denying bail will be.reversed, and bail granted in tbe sum of $7,600. 
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