Opinion
February 1, 1952.
Albert D. Hubbard and Henry R. Carr, Miami, for appellant.
Richard W. Ervin, Atty. Gen. and Reeves Bowen, Asst. Atty. Gen., for appellee.
This is a motion praying for an order reducing a supersedeas bond.
It appears from the motion and the stipulation filed herein that the defendant, appellant here, was charged with murder in the first degree. After the indictment and before trial he was at large on bail set by the trial judge in the sum of $5,000 for his appearance at the trial. At the time of the trial the defendant below responded and was present in court for trial. At the time of the trial he was convicted of murder in the second degree and pending the ruling on a motion for new trial, he was committed to jail. In due course motion for new trial was denied and the defendant was sentenced to serve 25 years, and supersedeas bail was set in the sum of $15,000.
Application was made to reduce amount of supersedeas bond from $15,000. It appears that the defendant can post a bond in the sum of $7,500, but that it is impossible for him to post a bond in the sum of $15,000. Defendant below, appellant here, has no property, real or personal, except his wearing apparel and must depend upon relatives and friends to furnish the necessary bail.
Under the stipulated facts of this case it appears that supersedeas bond in the sum of $15,000 is excessive and would not be a reasonable bail.
It is ordered that amount of supersedeas bond be and the same is hereby reduced from $15,000 to $7,500.
SEBRING, C.J., and CHAPMAN and ROBERTS, JJ., concur.