Ex parte Bridewell
Mississippi Supreme Court
Appeal from tbe decision of Hon. Upton M. Young, Judge of tbe Eleventh District of Mississippi, refusing to admit tbe relator to bail. filed a brief, and argued tbe case orally. Under the Constitution of Mississippi, bail in capital cases is a matter of right where the proof is not evident or the presumption great; and the court has the power, in its discretion, to admit to bail in all cases.
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Appeal from tbe decision of Hon. Upton M. Young, Judge of tbe Eleventh District of Mississippi, refusing to admit tbe relator to bail. filed a brief, and argued tbe case orally. Under the Constitution of Mississippi, bail in capital cases is a matter of right where the proof is not evident or the presumption great; and the court has the power, in its discretion, to admit to bail in all cases. Bx parte Wray, 30 Miss. 673. The court can bail even in cases where the jury on the same evidence should convict. Moore's Case, 36 Miss. 137 ; Beall’s Case, 39 Miss. 715. The testimony fails to raise a…
1Opinion of the CourtChalmers, J.
By the organic law of the State, it is declared that “ excessive bail shall not be required; and all persons shall, before conviction, be bailable by sufficient sureties, except for capital offences, when the proof is evident or presumption great.” Bill of Rights, § 8. This provision makes the granting of bail mandatory in all cases not excluded by the exception, but does not prohibit it in cases falling within the exception. In other words, all persons have the constitutional right to be bailed, except when the proof is positive or the presumption great that they have been guilty of a…
2Cases cited4 opinions
- Street v. StateMississippi Supreme Court · 1870
- Ex parte WrayMississippi Supreme Court · 1872
- Moore v. StateMississippi Supreme Court · 1872
- Beall v. StateMississippi Supreme Court · 1872
3Cited by17 opinions
- Russell v. StateSupreme Court of Florida · 1916
- Ford v. DilleySupreme Court of Iowa · 1916
- Ex parte SmithCourt of Appeals of Texas · 1887
- In Re ThomasCourt of Criminal Appeals of Oklahoma · 1908
- Huff v. EdwardsMississippi Supreme Court · 1970
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