Ex Parte Dickerson

OPINION

DALLY, Commissioner.

This is an appeal from an order of the trial court entered in a habeas corpus proceeding refusing to reduce bail pending trial. The appellant is purportedly charged by indictment with the offense of burglary, and he is incarcerated in the Lubbock County jail unable to make bond in the amount of $100,000.

In view of the record presented, we take cognizance of a matter of fundamental nature that was not raised in the trial court and which is not presented in the briefs on appeal. Ordinarily, in this State, when there is a valid statute or ordinance under which a…