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22 Tex. Ct. App. 660

Ex parte O'Connor

Court of Appeals of Texas

Decided January 12, 1887

Court of Appeals of Texas · decided 1887-01-12

Habeas Corpus on appeal from the District Court of Bexar. Tried below before the Hon. G-. H. Noonan. The appellants in this case, J. T. O’Connor, Abbie M. O’Con-nor and Mattie Collins, were held under a capias issued from the justice’s court of precinct number one of Bexar county, Texas, on a charge against them of the murder of the infant child of the said Mattie Collins.

Decided 1887-01-12

White, Presiding Judge.

¶1In this case the judgment of the court below refusing bail to applicants on the habeas corpus hearing is reversed, because, as shown by the testimony here exhibited, it is not, in our opinion, “evident” that they ar.e guilty of murder of the first degree, if, indeed, the said evidence establishes with any degree of certainty a crime of any kind committed by them. There is an agreement in the. record as to their ability to give bail in the sum of one thousand dollars each. We will fix the amount of the bonds for each at the sum of two hundred and fifty ($250) dollars, and upon the execution of a bond by each of said applicants in said sum, with approved security, conditioned as the law requires, the sheriff of Bexar county will release them from confinement in jail.

¶2The judgment is reversed and bail is granted applicants in the sum of two hundred and fifty dollars each.

¶3Ordered accordingly.

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