
    Ex parte NEYLAND.
    (No. 3828.)
    (Court of Criminal Appeals of Texas.
    Oct. 27, 1915.)
    Bail <&^>52 — Amount of Bail — Excessiveness.
    The Court of Criminal Appeals will not set aside a judgment, fixing the bail of a person indicted for murder at $5,000, where, though he produced evidence with reference to his ability to give bail, putting the maximum that he could give at $1,000, it does not appear that he has attempted to give bail in the amount fixed and failed.
    [Ed. Note. — For other cases, see Bail, Cent. Dig. § 209; Doc. Dig. <@=»52.]
    Appeal from Criminal District Court, Harris County; C. W. Robinson, Judge.
    Application by T. L. Neyland for admission to bail. From the judgment fixing the amount of bail, he appeals.
    Affirmed.
    Heidingsfelders, of Houston, for appellant. O. O. McDonald, Asst. Atty. Gen., for the State.
   DAVIDSON, J.

Applicant was indicted for murder. The facts attending the homicide are not made a part of the record, and in fact the record shows the testimony was not introduced. The record shows the indictment, process, and return of the sheriff were introduced, and such documentary evide'nce as pertained to the cause after arrest. The judgment of the court refusing bail follows this. Applicant produced evidence with reference to his ability to give bail, putting the maximum that he could give at $1,000. There is no evidence showing that he made an attempt to give this amount of bond, and failed. The record shows that upon placing the bond at $5,000 he gave notice of appeal. As the matter stands, we are of opinion that the court would not be justified in setting aside this order of the court. . If the party had not been able to give the bond, after making due and appropriate attempts, we would have a different question presented, but this is not here made to appear. In fact, it rather appears that he made no attempt by reason of the fact that, upon the entering of the judgment placing the bail at $5,000, he gave notice of appeal. We suppose the theory of this appeal is that $5,000, under the circumstances, is too large. We cannot, in the state of the record, so hold. It may be that if, after due effort is made to give bail in the amount fixed, he fails, the trial judge should look into the matter and, if thought advisable, reduce the bail.

As the record is presented, the judgment will be affirmed. 
      ®=oFor other eases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes
     