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25 Tex. Ct. App. 455

Ex parte Gallaher

Court of Appeals of Texas

Decided May 28, 1888

Court of Appeals of Texas · decided 1888-05-28

Habeas Corpus on appeal from the District Court of Wharton. Tried below before the Hon. W. H. Burkhart. The relator was held under two indictments, the first charging him with the murder of Mary K. Brown, and the second with the murder of Mayo Brown. The writ of habeas corpus to secure bail was awarded to cover both indictments, and, by agreement of counsel for the State and the relator, the two cases were submitted and disposed of on the same testimony.

Decided 1888-05-28

White, Presiding Judge.

¶1We have maturely considered the record presented on this appeal, and, from our view of the evidence as herein disclosed, we are of opinion that the appellant is entitled to bail.

¶2The judgment of the court below refusing him bail is reversed, and appellant is admitted to bail in the sum of ten thousand dollars—five thousand dollars in each case. Upon the execution by him of a bond, in said amount of five thousand dollars, with good and sufficient sureties in each case, conditioned as the law requires, he will be released from custody by the sheriff of Wharton county.

¶3The judgment is reversed and bail granted.

¶4Ordered accordingly.

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