History
  • No items yet
midpage
Ex parte Kerr
549 S.W.2d 6
Tex. Crim. App.
1977
Check Treatment

OPINION

DOUGLAS, Judge.

These are appeals from orders in a habeas corpus proceeding seeking the reduction of bail after indictment but before trial. Both were charged with aggravated assault upon a peace officer. Both were, and still are, on parole from the Texas Department of Corrections.

The father of the appellants testified that they could not make bail in the amount of $100,000 which had been assessed by the court but that each could make bail in the amount of $10,000.

The evidence does not show the circumstances surrounding the crime and there are no mitigating circumstances shown.

The testimony about their ability to make bail is not the sole criterion in setting bail. Ex parte Runo, 535 S.W.2d 188 (Tex.Cr.App.1976); Ex parte Sierra, 514 S.W.2d 760 (Tex.Cr.App.1974).

We hold that under the circumstances of these cases the bail is excessive and it is hereby reduced and is set in the sum of $20,000 each.

Case Details

Case Name: Ex parte Kerr
Court Name: Court of Criminal Appeals of Texas
Date Published: Apr 6, 1977
Citation: 549 S.W.2d 6
Docket Number: Nos. 54246 and 54247
Court Abbreviation: Tex. Crim. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.