Ex parte Bradshaw, 50843
Decision Date | 23 September 1975 |
Docket Number | No. 50843,50843 |
Parties | Ex parte Alfred Ray BRADSHAW. |
Court | Texas Court of Criminal Appeals |
Joe E. Taylor, Denison, for appellant.
Charles L. Waldrum, City Atty., and John H. Morris, Asst. City Atty., Bonham, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.
DALLY, Commissioner.
This is an appeal from an order in a habeas corpus proceeding brought to reduce bail. The trial court refused to further reduce bail which had been set in the total amount of $65,000. The appellant was charged with committing five burglaries in Fannin County and was being held on fugitive warrants from Mississippi and Oklahoma.
On August 20, 1975, when the appeal was filed and this Court obtained jurisdiction, McGee v. State, 445 S.W.2d 187 (Tex.Cr.App.1969), the appellant was in custody of the sheriff of Fannin County. On September 17th, the State filed a motion in this Court moving that the appeal be dismissed because the appellant ahd escaped from custody. That motion is supported by an affidavit made by Raymond Taylor, the sheriff of Fannin County, stating that the appellant had escaped from custody either in the night of September 11th, or in the early morning on September 12th, and that he still remained at large on September 15th.
Article 44.09, V.A.C.C.P., 1 in pertinent part provides:
Article 44.10, V.A.C.C.P., provides:
Is Article 44.09, V.A.C.C.P., applicable to an appeal from an order in a habeas corpus proceeding brought to obtain a reduction of bail? The Court of Appeals in an early case held that the statute...
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Luciano v. State
...opinions in deciding habeas matters. See, e.g., Ex parte Reid, 581 S.W.2d 686, at 687 (Tex.Cr.App.1979) (extradition); Ex parte Bradshaw, 527 S.W.2d 571 (Tex.Cr.App.1975) (bail); Holliday & Parker v. State, 482 S.W.2d 215, at 216-217 (Tex.Cr.App.1975) (conviction, citing a host of mixed cas......