Ex parte Marks

GRAVES, Judge.

Relator was heretofore convicted of a conspiracy to commit theft, and by the court sentenced to serve five years in the penitentiary in accordance with the verdict of the jury. Upon the overruling of his motion for a new trial, the court fixed his bond on appeal at the sum of $8,000.00. He sued out a writ of habeas corpus requesting that the court reduce the amount of such bail, and upon the trial court’s refusal to do so, the matter is before us on appeal.

Under the facts it is shown that relator is a gypsy, and he and his wife were apprehended in the State of Oregon charged…