
    Ex parte VOLZ.
    (Court of Criminal Appeals of Texas.
    Oct. 18, 1911.)
    Bail (§ 51*) — Amount.
    Where a prisoner, after indictment for murder, is entitled to bail, it should be fixed in an amount that the evidence would indicate the prisoner was able to give.
    [Ed. Note. — For other cases, see Bail, Cent. Dig. §§ 209-212; Dec. Dig. § 51.*]
    Appeal from District Court, Bexar County; Edward Dwyer, Judge. 1
    J. P. Volz was indicted for murder, and he sued out a writ of habeas corpus. Bail denied, and relator remanded, and he appeals.
    Reversed, and bail granted.
    Carlos Bee, for appellant. O. E. Lane, Asst. Atty. Gen., for the State.
   HARPER, J.

Relator was indicted by I the grand jury of Bexar county, charged I with murder. He sued out a writ of habeas corpus before Hon. Edward Dwyer, Judge of the District Court, who, upon hearing tlie testimony, denied bail and remanded relator to the custody of the sheriff.

From the evidence adduced on the trial, we are of the opinion that the court erred, and the applicant should have been granted bond; and, inasmuch as we hold that he is entitled to bail, it should be fixed in an amount that the evidence would indicate he is able to give.

The judgment is reversed, and relator is granted bail in. the sum of $5,000.

DAVIDSON, P. J., absent  