
    ROGERS v. STATE.
    (No. 6215.)
    (Court of Criminal Appeals of Texas.
    March 9, 1921.)
    Bail <&wkey;49 — When denied in capital case.
    Upon application for bail in a capital case, the same will not be denied unless the evidence is such that the court must conclude that upon a proper decision based thereon the applicant would receive capital punishment.
    Appeal from District Court, Nacogdoches-County; L. D. Guinn, Judge.
    Application by' Marion Rogers for bail. From a judgment refusing bail, applicant appeals.
    Reversed and bail granted.
    Russell & Seale, of Nacogdoches, and. Woods, King & John, of Houston, for appellant.
    S. M. Adams, of Nacogdoches, and R. H. Hamilton, Asst. Atty. Gen., for the State.
   LATTIMORE, J.

This is an appeal from, the district court of Nacogdoches county refusing appellant bail. Upon application for bail in a capital case it seems to be the well-settled rule of this court that same will not be denied, unless the evidence in the record is such that this court must conclude that upon a proper decision based thereon the applicant would receive capital punishment. In doubtful cases the rule seems in favor, of granting bail. Tested thus, we think this a bailable case, and it appearing that prior to his indictment this appellant was under a $4,000 bond, and that he is practically without means, bail will be granted and fixed in the sum of $5,000, upon the giving of which in the terms of law he will be released.

The judgment of the district- court will be reversed,- and bail granted in the sum of $5,000. 
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