164 S.W. 377 | Tex. Crim. App. | 1914
The appellant was arrested, charged with murder, and sued out a writ of habeas corpus before Hon. J. B. Thomas, judge of the Thirty-Ninth judicial district. On the hearing Judge Thomas held that the relator was entitled to bail, and fixed her bond in the sum of $30,000, from which order-an appeal is prosecuted to this court.
After reading the transcript, had the learned trial judge refused bail, we would not feel' inclined to disturb such a finding; but he-saw the witnesses, and heard the testimony, and found that the applicant was entitled to-be admitted to bail, and such finding is binding on this court; and the only question upon which we are called to pass is the reason
Viewing the matter from both the standpoint of ability to give bond and the character of crime charged, we are of the opinion that the amount as fixed is excessive, and would amount to a denial of bail. And this court is of the opinion that a $10,000 bond would be sufficient under all the circumstances. It is therefore ordered that the bond be fixed in the sum of $10,000, instead of $30,-000.
Bail reduced.