146 S.W.2d 761 | Tex. Crim. App. | 1941
This is an appeal from an order of the District Court of Bexar County refusing the application of Fred Solsona to have the amount of bail required of him in the sum of $2500.00 reduced to $500.00.
The application alleges that relator was held in the custody of the sheriff upon a charge of robbery by assault; that he had been held to bail in the sum of $2500.00 and that this amount is excessive; that petitioner is a man of humble means, poor, and without friends available as sureties in such an excessive amount.
It will be presumed that the records of the case were before the court and that he acted upon all of the factors which may *590 be considered in fixing the amount of bail. The record contains a statement of facts which would justify a jury in finding him guilty. The appeal appears to be predicated upon the sole theory that the relator was unable to make bond in the amount of $2500.00 and that it was the duty of the court for this reason to reduce the same to an amount which he could make.
It is the duty of the court under the constitution and laws to fix a reasonable bond, and in the event the amount should be unreasonable this court would order the same reduced. (Ex parte Osborne,
The judgment of the trial court is affirmed.