McConnell v. State

Citations

• 13 Tex. Ct. App. 390
• 1883 Tex. Crim. App. LEXIS 21

Syllabus

<p>1. Constitutional Law—Bail.—The Bill of Rights, Section 13, provides that “excessive bail shall not be required.” '</p> <p>2. Bail.—Article 296 of the Code of Criminal Procedure provides that “the ■ amount of bail to be required in any case is to be regulated by the court, judge, magistrate or officer taking the bail; they are to be governed in the exercise of this discretion by the Constitution of the State, and by the following rules:</p> <p>“1. The bail shall be sufficiently high to give reasonable assurance that the undertaking will be complied with.</p> <p>“ 2. The power to require bail is not to be used in such manner as to make it an instrument of oppression.</p> <p>“ 3. The nature of the'offense and the circumstances under which it ivas committed are to be considered.</p> <p>“4. The pecuniary circumstances of the accused are to be regarded, and proof may be taken upon this point.”</p> <p>3. Same—Practice in this Court.—The assessment of the amount of bail is a matter within the discretion of the court, judge, magistrate or officer taking the same, ard will not be revised by this court, unless it clearly appears that the discretion has been abused and the Constitution violated.</p> <p>4. Murder in the Second Degree.—If one, committing an assault with intent to murder another, accidentally kill a third party, he is guilty of murder in the second degree.</p> <p>5. Negligent Homicide.—If, in an assault with intent to commit a battery upon another, and not to murder, one accidentally kill a third party, he is guilty of negligent homicide.</p> <p>6. Evidence.—See statement of this case for evidence held insufficient to warrant this court on appeal to hold the sum of ten thousand dollars to be excessive bail.</p> <p>7. Same—Practice.—When the record in a habeas corpus trial fails to disclose the pecuniary circumstances of an applicant for bail, this court can not consider that question.</p>