7 S.W.2d 1117


Ex parte W. J. FAGAN.


(No. 11953.)


Court of Criminal Appeals of Texas.


June 20, 1928.

Appeal from District Court, Freestone County; W. T. Jackson, Judge.

A. B. Geppert, of Teague, for appellant.

A. A. Dawson, State's Atty., of Austin, for the State.

LATTIMORE, J.

This is an appeal from an order of the district court of Freestone county 
refusing bail. We have carefully examined the facts. From same we learn that
appellant and his sons were at a still when same was approached by officers. 
The deceased was one of said officers. He was killed by the use of a shotgun 
in the hands of appellant. Appellant seems to place reliance only upon the 
fact of his age and that confinement may injure his health. The court heard
testimony on this point. We have carefully examined same. We are not led to
believe from this testimony that confinement of appellant in jail will injure 
his life. No mitigating facts appear in the record as far as concerns the 
homicide. Believing the judgment of the trial court in refusing bail to be no 
abuse of the discretion confided in him, the judgment denying bail will be 
affirmed.