78 S.W.2d 183 | Tex. Crim. App. | 1935
— This appeal is from an order of the district judge fixing bail in the sum of $4,000.
The record shows that appellant had been charged by complaint filed before W. A. Matthews, Justice of the Peace, with the robbery of Harry Owens by using and exhibiting a fire arm, and taking from Owens the sum of $262. The justice of the peace, sitting as an examining court, placed appellant’s bond at $7500. His wife had made some effort to secure bail for him in that amount, but without success. She then made application to Hon. B. W. Boyd, district Judge, for a writ of habeas
We are not to be understood as intimating that bail in the sum of $4000 is excessive. The ability or lack of ability to make bond does not alone control. Ex parte Jones, 107 Texas Crim. Rep., 438, 296 S. W., 886; Ex parte Turner, 119 Texas Crim. Rep., 149, 45 S. W., 1016. The circumstances of the alleged crime and the punishment permitted are to be considered. Ex parte Nelson, 69 S. W. (2d) 126. The punishment of death may be inflicted for the offense of robbery with fire arms. Article 1408 P. C.
For the reasons given the relief prayed for is denied, and the judgment fixing bail at $4000 is affirmed.
Affirmed.