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EX PARTE MOORHEAD

No. 42590.

446 S.W.2d 307 (1969)

Ex parte Clemens MOORHEAD.

Court of Criminal Appeals of Texas.

November 5, 1969.

Attorney(s) appearing for the Case

Bray, Ashley, Shaver & Watrous Houston, for appellant.

Ellis A. Oualline, Jr., Dist. Atty., Conroe, William M. Hill, Asst. Dist. Atty., Conroe, and Jim Vollers, State's Atty., of Austin, for the State.

DOUGLAS, Judge.

OPINION

This is an appeal from an order denying application for bail, appellant being under indictment for capital offense murder of Robert S. Massey.

In cases of this kind we refrain from discussion or comment upon the evidence.

The correct rule is found in 1 Branch's P.C.2d 285, Sec. 246:

"The rule is `all prisoners shall be bailable.' The exception is `when the proof is evidence' not only that the accused is guilty...

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