Ex parte Kirkpatrick

MORROW, Presiding Judge.

Howard Kirkpatrick, G. F. Jones,.

H. V. Burleson, and O. O. Mahoney were charged by indictment for assault and defined in article 1163, P. C., 1925. The penalty prescribed is confinement in the penitentiary for not less than two nor more than ten years.

Upon the hearing of the habeas corpus, bail was granted in the sum of $10,000. In this appeal a reduction of the amount of bail is sought-

Two witnesses were called on the issue of the ability to make bond of the amount required. One of these was the wife of the appellant Kirkpatrick. Her testimony showed in detail that…