Stalnaker v. State.

Order.

J. T. Hammock, Sr., was tried with Wilson Stalnaker and Nathan Prayther for the murder of W. C. Harris in Hamilton County. Hammock was convicted of murder in the first degree with recommendation to mercy. He has taken writ of error to the judgment of conviction and moves for bail pending the disposition of his case in this Court.

Section 9 of the Bill of Rights provides that all persons shall be bailable by sufficient sureties, except for capital offenses when the proof is evident or the presumption great.

This provision of the Constitution has reference to bail sought prior to indictment…