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49 Tex. Crim. 203

90 S.W 1180

Ex Parte Garrett

Court of Criminal Appeals of Texas

Decided January 17, 1906

Court of Criminal Appeals of Texas · decided 1906-01-17

<p>Local Option—Habeas Corpus—Reduction of Bail—Appeal.</p> <p>Where upon habeas corpus it was shown that relator was charged by indictment in seven cases with violating the local option law, and bail fixed at $400 in each case, which the court reduced in one case to $300, and the remaining six to $200 each, and it was made to appear on appeal that appellant was unable to give the amount fixed but could give bond in about $100 in each case, such bail was reduced accordingly.</p>

Decided 1906-01-17

DAVIDSOH, Presiding Judge.

¶1 Relator was charged by indictment in seven cases with violating the local option law, and the bond fixed at $400 in each. Writ of habeas corpus was resorted to for the purpose of reduction of the bail. In the trial the court reduced the bail in one case to $300, and the remaining six to $200. each. It is made to appear that appellant was unable to give the amount fixed, but could give bond in about $100 in each ease. This ease is practically the same as that of Ex parte Henry Finn, decided at the recent Tyler Term, 1905. Without entering further into a discussion of it, we refer to that case as authority for reducing the bail to $100 in each *204 case mentioned in this record. Upon giving said bond, in accordance with the law, the sheriff will release relator from custody. The judgment is reversed and bail fixed at $100 in each case.

¶2 Reversed and bail reduced.

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