Ex parte Kunde

Decided November 27, 1886

Court of Appeals of Texas · decided 1886-11-27

Habeas Corpus on appeal from the District Court of Guadalupe. Tried below before the Hon. George McCormick. The transaction involved in the proceedings in this case is the same charged in the indictment upon which the relator was tried and convicted, and the conviction set aside at a former day of the present term of this court. That indictment charged the appellant with the murder of Joby Drennon, in Guadalupe county, Texas, on the twenty-sixth day of October, 1874.

Decided 1886-11-27

Willson, Judge.

¶1Our conclusion, upon an examination of the evidence, is that the proof is not evident that the applicant is guilty of murder in the first degree, and that he is entitled to bail, and that the sum of four thousand dollars is a reasonable amount of bail to require of him. Wherefore the judgment of the court below denying applicant bail is reversed, and he is now granted bail in the sum of four thousand dollars, and the sheriff of Gaudalupe county, or other officer having applicant in custody, will release him upon his giving good and sufficient bail in said amount in accordance with the provisions of the law governing in such cases.

¶2Ordered accordingly.