Washington v. State

PRICE, Judge.

This appeal is from a decree denying appellant bail in a habeas corpus proceeding.

The indictment charges murder in the first degree.

Section 16 of the 1901 Constitution of Alabama provides:

“That all persons shall, before conviction, be bailable by sufficient sure*385ties, except for capital offenses, when the proof is evident or the presumption great.”

We have said that under the provisions of the Constitution set out hereinabove, bail must be allowed in capital cases “unless the evidence is clear and strong and would lead to a well guarded and dispassionate judgment reasonably…