
    Ex parte FREDERICK.
    (No. 10158.)
    (Court of Criminal Appeals of Texas.
    March 24, 1926.)
    Criminal law <&wkey;>l!48 — Fixing bail of one accused of rape on 12 year old girl at $5,000 held not such abuse of discretion as to warrant reversal.
    Trial judge held not to have so abused discretion in fixing bail of one accused of rape on 12' year old girl at $5,000 as to warrant reversal.
    Appeal from District Court, Johnson County; Irwin T. Ward, Judge.
    Albert Frederick was accused of rape upon a female under the age of consent, and from an order fixing bail at $5,000, he appeals.
    Affirmed.
    Troy Deason, of Glen Rose, for appellant. Sam D. Stinson, State’s Atty., of Austin, and Robt. M. Lyles, Asst. State's Atty., of Groesbeck, for the State.
   LATTIMORE, J.

The testimony heard by the learned trial court seems to show without dispute rape upon a female under the age of consent she being shown to be 12 years old at the time. The case is not before us upon any showing of an effort and failure to make the bail required. The offense is one for which a very, grave penalty might be inflicted. We are not impressed with the fact that the discretion of the trial judge was so abused as to lead us to reverse his judgment.

The judgment is affirmed. 
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