Amarillo daily news. [volume] (Amarillo, Tex.) 19??-current, 1912-10-31
BAIL GRANTED To
JOHN bEALL SNEtO
Court of Criminal Appeals
at Austin Fixes Amount
at $40, 100000
.PENDERGAST D|SsENTS
STATE HAS FIFTEEN DAYS CN-
nER THE LAW ~ WHICH To
FILE MOTION FOR RE
HEARING

special 10 Daily News
Austin, Tex. oct 30 The Cont
OF Criminal Appeals today reversed
the Judgment OF District Judge J. y.
Browning OF Potter County and
granted John Deal Sneed bail in the
sum OF $4,000.
The action was taken by major
| ity OF the court, judge Prendergasi
dissenting The majority of the
corrt held that the district Judge err
ed in refusing bail to Sneed and thar
the relator Is entitled to bail.
Judge Prendergast in his dissent
declares that he agrees with the
Judgment Of the court below in re
iusiup the relator bail, but that If the
majority of the court decides TO
grant bail. the amount should be
fixed at $4,000.
The sheriff OF Potter county was
notified TO give Sneed his liberty
upon making the necessary bail. The
text OF opinion follows
Text of Opinion
"Relator was indicted by the
srand jury of Potter County charged
with murder. lie sued out writ
Of habeas corpus before Hon. j. n.
Browning, Judge OF the District
Court praying that he be granted
bail After hearing the evidence the
court remanded relator to the GUS
tody OF the sheriff from which judg.
ment he prosecutes the appeal /.
Able counsel appeared in this
court In behalf OF the relator and for
the state and have filed briefs eyi-
denclng research. study and thought,
and to each OF which We have given
much attention However. after a
careful study of the record. We have
arrived al the conclusion that the
court was in error In refusing the re-
lator bail and that the Judgment is
reversed
Bail is granted in the sum OF
S3o. 900, Harper. Judge"
I'rcndcrgast's Opinion .
II have reached different con-
,lusion from careful and thorough
study OF the evidence and briefs
/ am OF the opinion that the Dis
trict Judge vas right in refusing bail
and that his judgment should be al
firmed.
Il therefore dissent from the ludg-
ment reversing the judgment OF the
court below and admitting relator to-
bail In the event relator is granted
bail. It should in no event be less
than S35, 600"
Local Interest Keen
The first advices relative TO the
higher courts decision were receiy-
"a by the local law firm OF Madden,
Truloye and kimbrough from Judge
W. +. Ramey. who represented the
defendant IN the argument before
the Court Of Criminal Appeals two
weeks ago. Tho Message was brief
and az follows
Austin, Texas. oct go. lS12.-
Madden. Tru.oye O. kimbrouRh. ANA
riilo. Texas Suscd granted bail to
day in the sum of s2o.ooo lnderI
tho practice court of Criminal Ap-I
pcals. mandate cannot Doe issued un-
til the expiration 0I days. allowed
state 70 file motion for rehearing un-I
less same is waived uy tho state Con
-rafulatous 20 SOU and sneed on
thls JUST decision W p RAMEY
Sneod. when appr.sel OF the courtsI
favorable decision, had little com
meut 20 make Messages OF congrat-
rla'ions from friends 90 other sec.
tion. OF the state poured into his
cell during the day. and short
conference vas held with his local
attorneys The prisoner maintained
.his usual custom OF refraining iron
auy expression vi'h reference 10 tho
case
On other quarters the courts de-
rision aroused Interested and specu-
laiive comment n was agreed by
Distric, Attorney Bishop and Judge
vs. u Kimhrough. representing both
sides of the case. that further deyel-
onments depend entirely upon the ac-
tion of tle state sith regard 20 filing
motion for rehoaring within the time
granted hy Law or waIvlng that
right
Should 'hc state waive. o. seems
assured thar sneed viii Boz granted
release from fte county iaiI within
hr' f.v DAYS Ir rh..h ho has beer
.r.fraf since tf. -..ht 1f ffa H1es
. H.r 90