The opinion
Motion to fix bail at $750.00 is denied. Code 1940, T. 15, § 369 as amended.
Bail fixed at $13,000.00 pending appeal is to remain in effect until application for reduction is made to the Circuit Court of Montgomery County.
Post conviction bail is not affected by Constitution 1901, § 16. In a pre -conviction case, we recently approved a reduction of bail from $25,000 to $12,500 on each of three indictments for second degree burglary *Page 429
and grand larceny. Wade v. State, ante p. 400, 166 So.2d 739 . There we stated:
"We understand each indictment to be based on but one transaction. Hence, the maximum penalty for conviction under each indictment would involve ten years imprisonment.
"There is a rough rule of thumb that bail for residents be fixed at a maximum of $1,000.00 for each year of potential imprisonment. * * *"
We forego deciding whether Sanders is admissible to bail under § 369, as amended, supra.
Motion denied without prejudice to apply to the Circuit Court for reduction in amount of bail pending appeal.
3 Div. 149