Ex Parte Boyett

Citations

• 19 Tex. Ct. App. 17
• 1885 Tex. Crim. App. LEXIS 158

Syllabus

<p>Constitutional Law —Eight of Bail—Fact Case.—Under a proper construction of the eleventh section of the Bill of Eights, which provides that “All prisoners shall be bailable by sufficient sureties, unless for capital offenses when the proof is evident,” the proof, in order to authorize the refusal of bail, must show clearly and conclusively that the accused, acting either alone or in concert with others, committed the capital offense charged. See the opinion for a definition of the term “ evident,” as used in this connection ; and see the statement of the case for evidence in a habeas corpus proceeding for bail under an indictment for murder, held insufficient to authorize the refusal of bail, inasmuch as it is not “proof evident” of the appellant’s complicity in the offense charged.</p>