
    Ex parte MITCHELL.
    (Court of Criminal Appeals of Texas.
    June 19, 1912.)
    Bail (§ 53) — Amount—Reduction.
    Petitioner bad been previously charged with assault with intent to rape, and had given hail for $1,500. He had also previously been indicted in two other felony cases, and had given a bond for $750 in each ease. He was arrested on complaints for felony for breaches of the prohibitory law. He waived examination, and the committing magistrate fixed his bail in the first at $1,000 and in each of the other two at $750. The evidence did not disclose that the $1,500 bond was still subsisting, but did show that the two other $750 bonds were in force. Held, that relator was entitled to a reduction of the bail in the three new cases to $750 in the first and to $500 each in the other two.
    [Ed. Note. — For other cases, see Bail, Cent. Dig. § 211; Dec. Dig. § 53.]
    Original application for habeas corpus on relation of Perry Mitchell.
    Petitioner’s application for reduction of bail granted.
    Cooper, Merrill & Bumpkin, of Amarillo, for appellant. C. E. Bane, Asst. Atty. Gen., for the State.
    
      
      For other cases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key No. Series & Rep’r Indexes
    
   PRENDERGAST, J.

This is a companion case to the Creed Case, 149 S. W. 192, and Campbell Case, 149 S. W. 192, this day decided.

The record and testimony show that Mitchell, the relator, had, before his arrest on the complaints against him for which he seeks bail before this court, been indicted in two other felony cases, and that his bond in each of those had been fixed at $750, and he had succeeded in making bond in those cases. When arrested on the three complaints against him in this case, each of them being a felony, one for pursuing the business or occupation of selling intoxicating liquors in prohibition territory and the other two for making specific sales, he waived examination before the examining magistrate, and no evidence was there offered by him showing his financial condition or his ability to make bond. The committing magistrate thereupon fixed his bond in one of these complaints at $1,000 and each of the others at $750. What was said by this court in the Greed Case substantially applies to-this case.

After full consideration, we have concluded to fix the bail of the relator in the ease where he is charged with having engaged in and pursued the occupation and business of selling intoxicating liquors at $750 and in each of the other cases at $500. We are led to believe that the relator can make bond for the said amounts, and that the amount of the bail we have fixed is reasonable and -proper in view of the charges against him and the bonds he had previously executed. It was shown on this hearing that in a case before, where he was charged with an assault with intent to rape, he gave a bond therein in the sum of $1,500. The evidence does not disclose that that bond is still a subsisting bond, but it does disclose that in the two cases where indicted the bond for $750 in each are subsisting bonds.

It will therefore be the order of this court in this ease that the relator be remanded to the custody of the sheriff of Potter county to be held by him under said charges pending against him until he executes the respective bonds for the amounts fixed herein, and that, as to those cases, when he shall have executed such bonds, the sheriff release him thereon.

DAVIDSON, P. J., not sitting.  