CATES, Judge.
This is an appeal from habeas corpus for reduction of bail. The lower court fixed the amount of bond at $40,000.00.
Kilpatrick formerly was indicted for robbery, a capital offense. Due to a variance the former indictment was nol prossed without prejudice to the bringing of a subsequent one to correct the omission. Code 1940, T. 15, § 254.
Kilpatrick is now in the Cullman County jail bound over by the Circuit Judge's bench warrant...
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