
    Ex parte SCOTT et al.
    (No. 6644.)
    (Court of Criminal Appeals of Texas.
    Oct. 26, 1921.)
    Bail @=>43 — Persons, charged With, robbery with firearms by impersonating officers, who neither fired nor offered to fire, improperly denied bail.
    Persons, charged with robbery with firearms, who, pretending to be officers and being in possession of pistols, demanded and obtained a sum of money as bail for a pretended offense, but without inflicting any injury or firing, or offering to fire, any shots, should not be denied bail, though the offense is punishable by death or imprisonment in the penitentiary for not less than five years.
    Appeal from District Court, day County; H. F. Weldon, Judge.
    H. T. Scott and another were charged with robbery with firearms, and from an order denying bail, they appeal.
    Reversed, and re-lators discharged on entering into bail or recognizance.
    Taylor, Allen, Muse & Taylor, of Fort Worth, for appellants.
    R. G. Storey, Asst. Atty. Gen., for the State.
   MORROW, P. J,

This is an appeal from the order of the district judge denying hail. Relators were charged with robbery with firearms, an offense punishable by death or imprisonment in the penitentiary for a period of not less than five years.

There is a question of identity suggested. Without going into details, the robbery was committed by impersonating officers. The injured party was the Keeper of a store, and the relators, according to the evidence, pretending to be officers, demanded of and obtained from him a certain sum of money as bail for a pretended offense. They were in possession of pistols. No injury was inflicted with them, and no shots fired nor offer to do so.

We do not believe that the relators should have been denied bail. Ex parte Smith, 23 Tex. App. 100, 5 S. W. 99; Ex parte Russell, 71 Tex. Cr. R. 377, 160 S. W. 75; Ex parte Young, 87 Tex. Cr. R. 413, 222 S. W. 242.

The judgment is reversed, and each of the relators ordered discharged pending trial upon entering into bail or recognizance, according to law, in the sum of $7,600.  