
    Ex parte MARTIN.
    (Court of Criminal Appeals of Texas.
    Oct. 14, 1913.)
    Bail £§ 53)—Amount.
    Where, in a prosecution for murder, defendant was entitled to bail, and bail was fixed at §7,500, but it appeared that defendant’s father was dead, that he had no relations or property from which to secure a bond, but that some of his friends, who were able, had agreed to sign a bond for an amount not greater than $2,500, the bail would be reduced to that sum.
    [Ed. Note.—For other cases, see Bail, Cent. Dig. § 211; Dec. Dig. § 53.]
    Appeal from District Court, Brooks County; W. B. Hopkins, Judge.
    Frank Martin was indicted for murder. From an order on a habeas corpus hearing fixing his bail at $7,500, he appeals, to have the same reduced.
    Reversed, with instructions to admit petitioner to bail in the sum of $2,500.
    C. E. Lane, Asst. Atty. Gen., for the State.
    
      
      Kor other oases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key-No. Series & Rep’r Indexes
    
   PRENDERGAST, P. J.

Appellant in this case was indicted for murder. Upon a ha-beas corpus hearing the district judge properly held he was entitled to bail, but fixed his bond at $7,500. This appeal is prosecuted with a view of having the amount of the bail reduced, claiming the amount fixed is excessive.

The evidence on this point showed that the appellant’s father was dead, and that he had no relatives or property with which to secure his bond; that some of his friends, who are able, had determined that they would sign his bond, but not for a greater amount than $2,500. Upon consideration of the whole evidence, we have reached the conclusion that his bail should be and is, fixed in the sum of $2,500.

The judgment of the lower court is therefore reversed, with instructions that, upon his execution of the proper bond in said sum, he shall be discharged as provided by law.  