Ex parte Walker & Black

Citations

• 3 Tex. Ct. App. 668

Syllabus

<p>1. Habeas Corpus por Bail.—The venue of a murder case was changed from Gr. to C. County, and there the cause was twice continued on the application of the state; whereupon the defendants, having never asked a continuance, applied by habeas corpus to the District Court of 0. County for the privilege of bail, relying on article 524 of the Code of Criminal Procedure. Held, that the District Court of C. County, to which the venue was changed, thereby obtained plenary jurisdiction of the entire case, and had authority to entertain the application for bail. Seld, further, that habeas corpus was a proper mode of mailing the application, though in such a state of case a motion in the court below would suffice.</p> <p>2. Same.—Ho formal demand for a trial by the defendants was requisite to entitle them to apply for the privilege of bail; and, notwithstanding the continuance of the cause, they were authorized to make their application at the same term of the court whereat the second continuance was granted to the state.</p> <p>3. Same—Right oe Appeal. — The judgment of a District Oourt refusing bail has always been held the subject of appeal.</p> <p>4. Same — Evidence. —In a case of this character the record should bring up evidence of the ability of the applicant to give or procure bail, so as to enable this court, if bail be allowed, to determine the proper amount.</p>