Opinion

Sanders v. State

  • 42 Ala. App. 419
  • 167 So. 2d 174
  • 1964 Ala. App. LEXIS 259
Court
Alabama Court of Appeals
Filed
Aug 18, 1964
Status
Published
Author
Cates
On the bench
Cates
Cited by
11 cases
Authority
More cited than 15.1%

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

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.