Legal Opinion

McConnell v. State

Court of Appeals of Texas

Decided February 3, 1883No. 1446PublishedCited by 1 opinion

Habeas Corpus on appeal from a judgment of the Hon. A. J. Hood, Judge of the Twenty-ninth Judicial District. McConnell, the applicant for bail, was held under a copias of the district court, charging him with the crime of murder, his victim being his own child, eighteen months old. He was awarded bail in the sum of ten thousand dollars, an amount which he avers is excessive. He prosecutes this appeal in an effort to secure a reduction.

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Habeas Corpus on appeal from a judgment of the Hon. A. J. Hood, Judge of the Twenty-ninth Judicial District. McConnell, the applicant for bail, was held under a copias of the district court, charging him with the crime of murder, his victim being his own child, eighteen months old. He was awarded bail in the sum of ten thousand dollars, an amount which he avers is excessive. He prosecutes this appeal in an effort to secure a reduction. Summarized, the evidence on behalf of the applicant is about as follows: The return of the sheriff showed that applicant was held on a copias, issued out of…

1Opinion of the CourtWillson, J.

This is an appeal from a judgment rendered by the Hon. A. J. Hood, judge of the twenty-ninth judicial district, upon a trial on habeas corpus, which judgment admitted the applicant to bail in the sum of ten thousand dollars. Appellant contends that the amount of bail required is excessive, and this is the only question presented for the consideration of this court.

It is a constitutional provision that “excessive bail shall not be required.” (Bill of Bights, Sec. 13; Code Crim. Proc., Art. 8.) Buies for determining the amount of bail are prescribed by Article 296 of the Code of Criminal…

2Cases cited4 opinions

  1. McCoy v. StateTexas Supreme Court · 1860
  2. Ferrell v. StateTexas Supreme Court · 1875
  3. Angell v. StateTexas Supreme Court · 1872
  4. Bean v. MathieuTexas Supreme Court · 1871

3Cited by1 opinion

  1. People ex rel. Rothensies v. SearlesAppellate Division of the Supreme Court of the State of New York · 1930

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