Ex parte Doser

• Decision Date: 11 May 1949
• Docket Number: A-11208.
• Citation: 206 P.2d 228,89 Okla.Crim. 235
• Parties: Ex parte DOSER.
• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma

206 P.2d 228

89 Okla.Crim. 235

Ex parte DOSER.

No. A-11208.

Court of Criminal Appeals of Oklahoma

May 11, 1949

Proceeding in the matter of habeas corpus of Ann Doser, petitioner.

Petition granted.

JONES P.J., dissenting.

Syllabus by the Court.

1. An application on habeas corpus to reduce an appeal bond will be granted where petition and evidence offered at hearing justify reduction.

2. One who is convicted of murder and sentenced to life imprisonment in State Penitentiary was entitled to have appeal bond reduced from $25,000 to $10,000, the amount of the original bond fixed by the district court, where she had been twice tried, one trial resulting in a hung jury, and in the other petitioner granted a new trial by the Criminal Court of Appeals.

Brown, Darrough & Ball, of Oklahoma City, Joe Ralls, of Atoka, and Walter Billingsley, of Wewoka, for petitioner.

Mac Q Williamson, Atty. Gen. and Owen H. Watts, Asst. Atty. Gen for respondent.

BAREFOOT Judge.

Ann Doser filed an application for writ of habeas corpus in this Court, seeking reduction of her appeal bond.

Petitioner alleges that on or about January 26, 1946, a charge of murder was filed against her in the district court of Atoka County Oklahoma, and that the judge of said court fixed bail of said petitioner in the sum of $10,000, which petitioner made. That in May, 1946, petitioner was tried in the district court of Atoka County on the charge of murder and her trial resulted in a hung jury and she was permitted to stand on her $10,000 bail previously granted. That thereafter and in October, 1946, she was again placed on trial for said charge and found guilty of murder, and sentenced to life imprisonment in the State Penitentiary.

That petitioner appealed from said judgment of the district Court of Atoka County, and on February 9, 1949, the Criminal Court of Appeals reversed said cause and granted petitioner a new trial, 203 P.2d 451. That after the mandate was spread of record, petitioner made application to the district court of Atoka County for bail, and on March 8, 1949, the judge of said court fixed her bail at $25,000. That said bond is excessive; that petitioner is unable to make such bond, and prays that it be reduced, and she be granted bail in the sum of $10,000.

A hearing was had in this Court on said application on March 23, 1949, and evidence introduced. The Court, after due consideration, was of the opinion that the bond fixed by the district court of Atoka County is excessive, and that under ...