Court of Criminal Appeals of Texas

Ex Parte William E. Spaulding, Iii, Appellant

March 11, 19811981 Tex. Crim. App. LEXIS 924

Summary

The Court held that the precedent in Ex Parte Fowler does not bar original habeas corpus review of bail pending appeal and that the trial court abused its discretion in denying bail, vacating that order and remanding for a reasonable bail setting. The majority also overruled Fowler to the extent it barred such habeas review. Justice Odom, in a concurring opinion, disagreed with the majority's overruling of Fowler.