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EX PARTE SHORT

No. 43854.

462 S.W.2d 281 (1971)

Ex parte Billy Joe SHORT.

Court of Criminal Appeals of Texas.

January 27, 1971.

Attorney(s) appearing for the Case

F. R. Files, Jr., Tyler, for relator.

Hunter B. Brush, Dist. Atty., Rex Kirby, Charles Crow, Asst. Dist. Attys., Tyler, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

ONION, Presiding Judge.

This is an appeal from an order entered in a habeas corpus proceeding refusing appellant bail after indictment for murder with malice.

The Constitution of this State provides that all prisoners are entitled to bail except in capital cases when the "proof is evident." Article I, Sec. 11, Texas Constitution, Vernon's Ann.St.

"The term `proof is evident' means the accused, with cool and deliberate mind and formed...

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