Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 310
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310 MILLER V. THE STATE. [Term of
Opinion of the Court.
Miller and Province are indicted, was committed by either one
of them, it unquestionably cannot be maintained that the
proof is evident that the appellant Miller is guilty of a capital
offense. And therefore it must be held that he is bailable
upon sufficient sureties.
It is not usual in cases of this character to comment upon
the facts for the purpose of vindicating the correctness of the
conclusions reached by the court in granting or refusing bail,
lest their discussion might in some degree tend to an improper
influence in their ultimate determination by the jury on the
final trial in the court below. We do not intend doing so in
this case, and would not have done more than announce our
conclusion, but for the necessity of calling attention to a matter
of embarrassment, which is of such frequent occurrence
with us in cases of this character.
When bail has been refused by the court below, if in our
opinion it should be granted, it becomes our duty to fix its
amount. But when,-as is the case in most records of this kind
which come before us, there is nothing to inform us as to the
capacity and ability of the applicant or his friends to give bail,
we are evidently without a guide by which to determine its
proper amount, and may, in reference to the particular case
under consideration, fix it at an amount altogether inadequate
to secure the presence of the accused to answer the charge
against him; or, on the other hand, in effect refuse bail, by
fixing it at a sum manifestly beyond the applicant's ability to
give it. To avoid results of this kind, the record should furnish
us with such information as an examining court would
require before fixing the amount, if bail is granted.
The only thing we find in this case, to which we can possibly
look, by way of suggestion, as to the amount of bail, is
the amount fixed for the bail of the other defendant in the
indictment, and of which, as he does not join in the appeal,
there seems to have been no complaint. And we have, therefore,
for want of any better guide upon the subject, determined
to allow the appellant bail in a like sum.
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/318/: accessed March 29, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .