Ex parte Haynie

• Citation: 241 P. 209,32 Okla.Crim. 409
• Decision Date: 05 December 1925
• Docket Number: A-5933.
• Parties: Ex parte HAYNIE.
• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma

241 P. 209

32 Okla.Crim. 409

Ex parte HAYNIE.

No. A-5933.

Court of Criminal Appeals of Oklahoma

December 5, 1925

Syllabus by the Court.

For the purposes of an application to reduce bail, after indictment returned or information filed, the court must assume that defendant is guilty of the offense with which he is charged.

The appellate court will not grant a reduction of bail on habeas corpus unless it clearly appears that the amount fixed by the trial court is excessive and an abuse of discretion.

Where 16 indictments were returned against petitioner, each charging him with embezzlement of public funds as county treasurer, an order admitting petitioner to bail in sums totaling $50,000 held not unreasonable or excessive.

Original application by S. F. Haynie for reduction of bail. Application denied.

Hodge & Schenk and Champion, Champion & George, all of Ardmore, for petitioner.

The Attorney General and F. M. Dudley, Co. Atty., of Ardmore, for the State.

DOYLE J.

The application of S. F. Haynie for a reduction in the amount of bail required of him under 16 indictments for embezzlement of public funds while treasurer of Carter county, now pending against him in the district court of Carter county, was filed in this court December 2, and on the same day was heard and submitted upon the pleadings, proof, and the arguments of counsel. It is averred in the application-

"That the said S. F. Haynie on the 3d day of November 1925, stood charged in the district court of Carter county state of Oklahoma, in cases Nos. 2634, 2640, 2642, 2644 2670, 2674, 2676, 2635, 2637, 2641, 2643, 2669, 2671, 2673 and 2675, with embezzlement of public funds, while treasurer of Carter county, Okl.; that since his arrest he has been and still remains incarcerated in the jail of Carter county of Oklahoma; that on the said 3d day of November, 1925, the said S. F. Haynie, by and through his attorneys, made application to Judges W. F. Freeman and Asa E. Walden, in conference, asking said judges to fix the amount of appearance bond to answer said charges; that on said date said judges in conference made and entered an order fixing the amount of said appearance bonds in the total sum of $50,000, one bond of $25,000 in each division of the court, said court being divided into divisions Nos. 1 and 2, one of said bonds to cover all cases of even number, and the other bond to cover all cases of odd number."

It is further averred that on December 1st he applied to the above named judges for a reduction of the amount of said bail showing that he had been unable, after diligent effort, to make the same to that amount; that said application for reduction of bail was denied; that the 16 indictments pending against him charge a total shortage in the public funds amount of approximately...